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2017 (8) TMI 1533 - HC - Indian LawsCancellation of license for running a country liquor shop - validity of remand order - HELD THAT - One thing is clear that the order cancelling the licence of the petitioner is no longer in existence. Therefore, there is no justification on part of the respondents authorities not to permit the petitioner to carry on his business of liquor as per the licence granted to him. The petition is disposed of with the direction to the licensing authority to consider and pass appropriate order on the aforesaid application of the petitioner dated 26.07.2017 as also the fresh order pursuant to the order of remand dated 19.07.2017 in accordance with law.
Issues:
1. Appeal against cancellation of liquor shop license. 2. Delay in considering the application to run the liquor shop. 3. Justification for not permitting petitioner to carry on liquor business. Analysis: 1. The petitioner, a licensee of a country liquor shop, had his license cancelled on 31.05.2017. He appealed under Section 11(1) of the U.P. Excise Act, 1910, and the appeal was allowed on 19.07.2017, remanding the matter for fresh consideration within a month. The petitioner subsequently applied to run the shop while awaiting the fresh order. The main contention was the non-consideration of this application. 2. The Standing Counsel argued that a fresh order was pending as per the remand directive, and restoring the license prematurely could lead to complications if the subsequent order goes against the petitioner. However, the court noted that since the original cancellation order was no longer in effect, there was no justification for the authorities to prevent the petitioner from operating his business as per the granted license. The court directed the licensing authority to promptly consider both the pending application and the fresh order in accordance with the law, preferably within a month from the date of the court's order. 3. The judgment emphasized the importance of allowing the petitioner to continue his liquor business in light of the non-existence of the cancellation order. It highlighted the need for expeditious action by the licensing authority to address the pending matters and ensure compliance with the legal requirements. The court's decision to dispose of the petition with directions aimed at resolving the issues promptly underscored the significance of upholding the petitioner's rights while adhering to due process and legal obligations.
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