RAJIV KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) IT is the allegation of the petitioners that liquor and beer shop is being run in residential House No. 212/5, Shastri Nagarin District Meerut. Their prayer is to stop its running. Mr. Arjun Singhal, appearing on behalf the petitioners, contends that there are overwhelming materials to show that the place where liquor and beer shop is being run is in residential area. He submits that beer or liquor shop cannot run in residential area. Learned Standing counsel, appearing on behalf of the State, submits that house in question is in commercial area. Having heard Mr. Singhal for the petitioners, learned Standing Counsel for the State and taking into consideration the facts and circumstances of the case, we are of the view that the question as to whether the place where the shop is being run is in commercial or residential area cannot appropriately be decided in the present proceedings. We are of the opinion that the petitioners shall be well advised to file representation before the respondent no.5 - District Excise Officer, Meerut for redressal of their grievance. Needless to state that in case they do so within two weeks from today, the District Excise Officer, Meerut shall take appropriate decision in accordance with law within six weeks thereafter. IT is made clear that we have not expressed any opinion in regard to the claim made by the parties and that shall be considered by respondent no.5 in accordance with law. Petition stands disposed of with the observation aforesaid.