JAI SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned Counsel for the petitioner.

(2.) This writ petition has been filed challenging the order of the Excise Commissioner, U.P., dated 17th March 2006 (Annexure-5) directing opening of a foreign liquor shop in the area known as Bandhawa Bazar in district Pratapgarh. It is alleged that this area where the shop is proposed to be opened is within 5 kilometers of the border of Pratapgarh and its adjoining district i.e., Jaunpur.

(3.) The challenge is based upon Rule 5(9) of the U.P. Number and Location of Excise Shops Rules, 1958. For ready reference the said sub-rule is reproduced below: No licenses for the retail sale of liquor within 5 Km., of the border of another District shall be granted except when the Collector of both the District concur, if they failed to concur, the matter shall be referred to Excise Commissioner whose decision thereon, shall be final.