Writ Petition No.4485/2010 (PIL)
12.4.2010
Mr.Sourabh Sharma, learned counsel for the petitioner.
Mr.Kumaresh Patha, Deputy Advocate General for the
respondent-State.
In this instant petition filed as public interest litigation
the petitioner has prayed for a direction to the respondents
No. 2 to 4 to cancel the licence of foreign liquor shop granted
in favour of respondents No.6 & 7 on the ground that the
same is in violation of statutory provision.
Learned counsel for the petitioner vehmently
contended that under Rule I of Rules of General Application
which deals with Location of Shops it is provided that no
liquor shop can be permitted near Railway Station, Bus Stand
any educational institution, hospital, national highway, state
highway within the distance of 50 meters from such place.
Mr.Kumaresh Pathak, learned Deputy Advocate
General has submitted that the petitioner has recently moved
a representation before the Commissioner, Excise on
1.4.2010 vide Annexure-P-2 and within a very short span of
time of three-four days the petitioner has filed this writ
petition on 4.4.2010, without waiting for the outcome of the
aforesaid representation.
Looking to the facts and circumstances of the case we
dispose of the writ petition without expressing any opinion
on merits of the case with a direction to the respondent No.2,
Commissioner of Excise to examine the grievance of the
-2-
petitioner and dispose of the representation dt. 1.4.2010 after
affording an opportunity of hearing to the petitioner as well
as respondents No.6 & 7 and pass speaking order as
expeditiously as possible.
Accordingly, the writ petition stands disposed of.
C.C. as per rules.
(S.R.Alam) (Alok Aradhe)
Chief Justice Judge
RM .