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2013 (10) TMI 184 - ALLAHABAD HIGH COURTMaintainability of Writ Petition – Availability of Alternate Remedy – Licences for Retail Sale of Foreign Liquor (Excluding Beer and Wine) Rules, 2001, has been cancelled. - Held that:- A perusal of the Section 11 shows that against the orders passed by the Collector, Appeal lies to the Excise Commissioner under sub-section (1) of the said Section - It is thus, evident that against the Order dated 3rd November, 2012, the petitioner has an alternative remedy of filing Appeal before the Excise Commissioner and thereafter a further remedy of filing Revision before the State Government - Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the nature of controversy involved in the present case - it will be appropriate that the petitioner be relegated to the alternative remedy available to the petitioner under Section 11 of the U.P. Excise Act, 1910 - The Writ Petition is liable to be dismissed on the ground of availability of alternative remedy to the petitioner, and the same is dismissed on the said ground – Decided against Petitioner.
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