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Smt. Poonam Sharma v. D.M. Ϧ Others - WRIT TAX No. 940 of 2004  RD-AH 1355 (8 November 2004)
Civil Misc. Writ Petition No. 940 of 2004
Smt. Poonam Sharma v. District Magistrate, Bulandshahr and others.
Hon'ble R.K.Agrawal, J.
Hon'ble Prakash Krishna, J.
The dispute in the present writ petition is regarding opening of sub-shop at village Kapna by the respondent no.3 under orders passed by the respondent no.2.
The contention is that the petitioner has been granted licence for opening country liquor shop at Jahangirpur which is a Nagar Panchayat with the right to open sub-shop at Manchad whereas respondent no.3 was granted licence to open country liquor shop at Jhanjhar, which is also a Nagar Panchayat with a right to open a sub-shop at Marhara. On an appliclation being made by the respondent no.3, the respondent no.2 had permitted the responding no.3 to open a sub-shop at village Kapna instead of village Marhara. The contention is that village Kapna falls under Jahangirpur Nagar Panchayat, therefore, the order/permission granted to the respondent no.3 for opening a sub-shop at village Kapna is wholly illegal and without jurisdiction.
We have heard Sri S.C. Budhwar, learned counsel for the petitioner and Sri S.P. Kesarwani, learned Standing Counsel for the respondents.
We find that there is a dispute as to whether the village Kapna falls under the Nagar Panchayat,Jehangirpur or not. The stand of the petitioner that it falls under the Nagar Panchayat, Jehangirpur whereas the stand taken by the District Excise Officer is that the village Kapna does not fall under Jehangirpur Nagar Panchayat and is a Gram Panchayat. We are not in a position to go into this question as to whether the village Kapna falls under Jehangirpur Nagar Panchayat or not.
Taking into consideration, the entire facts and circumstances of the case, in the interest of justice we direct the District Magistrate, Bulandshahr to decide as to whether village Kapna falls under the Jehangir Nagar Panchayat or not. The petitioner and the respondent no.3 will also be entitled to file such material and evidence, as they are advised, in support of their claim. The District Magistrate shall decide the matter within two weeks. If he comes to the conclusion that village Kapna falls under Jehangirpur Nagar Panchayat then order/permission granted to the respondent no.3 for opening a sub-shop at village Kapna shall stand set aside otherwise not.
With the aforesaid direction the writ petition is disposed of.
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