RAMTULI Vs. STATE OF U.P.

JUDGEMENT

(1.) Present writ petition has been filed by the petitioners seeking a writ of certiorari and to quash the order dated 13/14.03.2015 passed by the Deputy Excise Commissioner, Gorakhpur, whereby that authority granted approval for issue of license in favour of Sadanand/respondent no.6, to run a 'tari' shop at Village Bhagane, District-Gorakhpur. Also, similar relief has been sought against the order dated 04.12.2015, passed by the Deputy Excise Commissioner (Administration), whereby the petitioners appeal against the order dated 13/14.03.2015 was dismissed. Further, relief has been sought against the order dated 28.09.2018 passed by the Special Secretary, Government of Uttar Pradesh, dismissing the petitioners revision petition against the order dated 28.09.2018.

(2.) In all four applications were received for issue of a license to run a 'tari" shop at Village Bhagane. These applications were filed on Form G-28 under the UP Excise (License under the Surcharge Fee System) Rules, 1968 (hereinafter referred to as the 'Rules'), by petitioner no.1, Ramtuli, wife of Tirath Pasi; petitioner no. 2 Baliram, son of Komal Pasi; Wefai Devi, wife of Ram Harsh and; Sadanand/respondent no. 6.

(3.) The Committee constituted to examine the four applications found no defect in the application of Ramtuli (petitioner no.1). However, Baliram (petitioner no.2) was found to be ineligible as he had only annexed photo copies of the documents and his residence was at a distance of 4 Km. from the proposed shop.