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Ashis Raj And Another v. State Of U.P. And Others - WRIT TAX No. 1122 of 2007  RD-AH 13793 (9 August 2007)
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Civil Misc. Writ Petition No.1122 of 2007.
1. Ashish Raj, son of Shri Vyasmuni Yadav, Resident of 2079, Awadh Nagar, Mainpuri, District Mainpuri.
2. Smt. Munisha Devi, wife of Shri Ummed Singh, Resident of Village Nagla Manphool, Shah Hazipur, P.O. Karhal, District Mainpuri. ...........Petitioners
State of U.P. & Others .........Respondents
Hon'ble H.L. Gokhale, CJ.
Hon'ble R.K. Agrawal, J.
Date:9th of August, 2007.
1. Heard Sri U.N. Sharma, learned Senior Advocate with Mr. Akhilesh Singh, learned counsel for the petitioners. Sri B.K. Pandey, learned Standing Counsel, appears for the respondents.
2. The grievance of the petitioners is that their liquor license appears to have been cancelled without any intimation. They are presuming it so in view of the advertisement dated 4th of August, 2007, under which the authority to sell the country-made liquor in the concerned villages is being re-auctioned. The advertisement shows that the decision was to be taken yesterday at 12:30 noon. The petitioners have filed the writ petition immediately on coming to know that such an advertisement has been issued.
3. The learned Standing Counsel for the State Government needs time to take instructions in the matter. He should file a counter affidavit. He needs two weeks' time to file counter affidavit. He may give a copy thereof to the petitioners within two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. The matter be listed on 30th of August, 2007.
4. In the meanwhile, although the petitioners' shop has been sealed, the respondents will not act on whatever decision that might have been arrived at yesterday, i.e., on 8.8.2007, concerning the authority to sell country-made liquor in the concerned villages, namely, Bhanwat and Nawatedha in district Mainpuri until further orders are passed on this petition.
5. The petitioners may amend the petition and annexe the U.P. Excise Settlement of License for Retail Sale of Country-made Liquor Rules, to the petition.
RKK/- Chief Justice
R.K. Agrawal, J.
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