ANAND SWAROOP GANGWAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition, petitioner has challenged the order of the Special Secretary, Government of U.P. on the revision petition file. In the petitioner.

(2.) Following relief has been claimed : (i) issue a, writ, order or direction in the nature of certierari quashing the impugned orders dated 5.4.2005, 22.4.2005 and 2.4.2005 passed by respondent No. 1, 2 and 3 respectively (Annexure No. 12, 10 and 9 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to renewed the licence of the petitioner of liquor shop for the year of 2005-2006 within a stipulated period as may be fixed by this Hon'ble Court. (iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) Award the cost of the petition to the petitioner.

(3.) The tacts stated in the writ petition are that a excise shop situated in Mohammadpur was allotted in the excise year 2002-03 in the name of Smt. Kalawati, wife of Sri Siyaram Bhaskar, resident of Village and Post Raipur. P.S. K: amganj, district Farrukhabad. The said shop was renewed for the excise year 2003-04 in the partnership of the petitioner and Smt. Kalawati and renewed licence has been issued on 07. 06.2003, For the excise year 2004-05 petitioner moved renewal application with the [affidavit of Smt. Kalavvati stating therein thai 3'ie will not do the business and her partner wanted to do the business, thus, renewal may be made in your of the petitioner. The lisputed shop uas renewed on the basis of at the wriit of Smt. Kalawati in favour of the petitioner for the excise year 2004-05 on 01.04.2004. The renewed licence dmed 01.04.2004 for the excise year 2004-05 has been filed as annexure-4 to the V\IK petition, For the excise year 2005-06 petitioner applied for the renewal of the licence and submitted Treasury Challan of Rs. 2,000/- on 15.03.2005 and Rs. 4,000/- for the excise year 2005-06. It is alleged that the petitioner was also advised to deposit the licence fee for the excise year 2005-06 at Rs. 91,800/-. Petitioner has been issued a show cause notice on 17.03.2005 from the office on District excise Officer to show cause why the renewal application may not be rejected. Thereafter, vide order dated 02.04.2005 renewal application has been rejected by District Excise Officer. Against order dated 02.04.2005 petitioner filed appeal before the Additional Commissioner. The said appeal was also rejected on 22.04.2005. Being aggrieved by the said order, petitioner filed revision before the State Government Revision has been dismissed by the impugned order. Renewal of the licence has been denied on the around that the petitioner is not the original licencee of the shop. The original licencee was Smt. Kalawati, wife of Sri Siyaram Bhaskarm life excise year 2002-03 and licence was renewed for the excise yea, 2003-04 in the partnership of the petitioner and Smt. Kalawati It is claimed that the licence for the excise year 2004-. 05 has also been renewed in the partnership with Smt. Kalawati and since the petitioner was not the original licencee, the licence for the excise year 2005-06 in his individual name as sole licencee could not be issued.