SHRIRAM JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed against the order dated 25/27.10.2015 passed by the District Magistrate/Licensing authority. By that order, the petitioner's license for retail vend of country liquor has been cancelled; stock of lawful/unlawful liquor confiscated; holograms, wrappers and corks, basic license fee, advance security and cash Rs. 17,530/- forfeited. That order is disclosed to have been passed with reference to the powers vested in that authority under Section 34 and Section 72(c) of the United Provinces Excise Act, 1910 (hereinafter referred to as the Act) and Rule 21 of the U.P. Excise (Settlement of Licenses for Retail Sale of Country Liquor) Rules, 2002 (hereinafter referred to as the Rules).

(2.) Challenge has also been raised to the order dated 05.05.2016 passed by Excise Commissioner, U.P. dismissing the appeal filed by the petitioner against the order dated 27.10.2015. Further, challenge has been raised to the order dated 27.09.2018 passed by the State Government rejecting the revision filed by the petitioner against the appellate order dated 05.05.2016. Thus, the cancellation of license as also forfeiture and confiscation of basic license fee, security deposit, advance security deposit, lawful/unlawful stock of liquor, wrappers, cash and other items discovered during the inspection/survey dated 21.09.2015 has been confirmed.

(3.) Heard Sri Neeraj Sharma assisted and Sri Abhishek Sharma learned counsel for the petitioner and Sri A.C. Tripathi, learned Standing Counsel for the revenue.