VIJAY PRATAP SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Manoj Kumar Dwivedi, Shri Shobhit Mohan Shukla, Shri Anurag Kumar Singh, Shri Rohit Jaiswal, Shri Abhishek Singh and Shri Avinash Singh, learned counsel appearing for the petitioners and Dr. L.P. Mishra, learned counsel appearing for the State assisted by Shri Anil Pratap singh, learned Addl. Advocate General, Shri Shailendra Kumar Singh, learned CSC, Shri Pankaj Khare, learned A.C.S.C., Shri Tushar Verma, learned A.C.S.C., Shri Badrish Tripathi, learned A.C.S.C., Shri Abhishek Kumar Pandey, A.C.S.C. and Shri Dheerendra Singh, learned Standing Counsel for the respondent "" State.

(2.) Present writ petitions have been filed challenging the Government Order dtd. 6/2/2025 specifically 5.11 issued by respondent no.1. There is also a challenge to the consequential order dtd. 6/2/2025 issued by respondent no.2 and the notices dtd. 13/2/2025 issued by respondent no.3 which provides for settlement of all country liquor shops through e-lottery process including the shop of the petitioners as contained in Annexures "" 1 to 3. A further mandamus has been sought commanding respondent no.3 to exclude the shop of the petitioners for the settlement through e-lottery for the Excise Year 2025 "" 26. It is further prayed that any other writ which this Court may deem appropriate may be issued.

(3.) The facts that arise from all the petitions are that the petitioners were running liquor shops by virtue of the licenses granted in their favour in terms of the policy which subsisted prior to passing of the policy dtd. 6/2/2025. It is claimed that most of the petitioners were running the shops since the year 2018 which were granted to them through e-lottery process and were renewed on a yearly basis on the basis of the demands and fees as demanded which were enhanced from time to time. It is further stated that in terms of the license granted in the year 2018 and renewed subsequently from year to year, the last such license in favour of the petitioners was to subsist till 31/3/2025 and there was a legitimate expectation that in terms of the prescriptions contained in the rules, an option of renewal shall be conferred and shall be given to the petitioners, however, the State Government through Government Order dtd. 6/2/2025 framed the excise policy. In terms of the said excise policy, the manner of allocation and grant of shops was radically modified and it was provided that all the liquor shops which were under the control of the State Government and are regulated by virtue of the U.P. Excise Act and the Rules framed thereunder shall be amended and shall be given through a fresh e-lottery to be drawn as prescribed in the government policy. Certain other prescriptions were also noticed in the said government policy. The said policy for the sake of brevity is being referred to 'New Excise Policy, 2025'.