Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (10) TMI 126 - ALLAHABAD HIGH COURTRelocation of the Liquor Shop - Rule 5 sub-rule (4) of U.P. Number and Location of Excise Shops (Fourth Amendment ) Rules, 2008 – Held that:- In order to respect the public sentiment which was expressed by the flat owners of the building, who have objections to the location of the shop an inspection was made - The District Excise Officer was, thereafter, directed to re-locate any shop - The license of the shop is renewed every year - Every renewal amounts to fresh grant and thus, the restriction applicable under sub rule (4) of Rule 5 of the aforesaid Rules in respect of the distance namely, 100 Mts. from the residential locality, would be attracted in the present case - The District Excise Officer, thus did not allow the renewal of the petitioner's shop close to the building. There was no error in the order of the District Excise Officer, Allahabad, directing the shop to be re-located by the order which is within the parameters of law - The public interest is an important factor for relocation of country liquor shop - No one has a fundamental right to trade in country liquor which is by its nature a dangerous and obnoxious trade - The country liquor shop in a residential locality causes bad odour, makes an entire area unhygienic and attracts bad elements of the area to assemble at odd hours - The families living in neighborhood with children and women find it difficult to live with a country liquor shop in the vicinity - The District Excise Officer did not commit any illegality in accepting in public protest - He has not cancelled the license - The petitioner has only been asked to relocate the shop – Decided against Petitioner.
|