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2013 (9) TMI 843

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..... of the State Government in this case – Decided against Petitioner. - Writ Tax No. - 451 of 2013 - - - Dated:- 30-7-2013 - Hon'ble Sunil Ambwani And Hon'ble Surya Prakash Kesarwani,JJ. For the Petitioner : Awadhesh Kumar,S.K.S. Milton For the Respondent : C. S. C. ORDER 1. We have heard Shri Awadhesh Kumar, appearing for the petitioner. Learned Standing Counsel appears for the State respondents. 2. The petitioner was allotted licence of country liquor shop Faizpur Garhiya, District Mainpuri for the year 2011-12, which has been renewed for the years 2012-2013 and 2013-14. 3. By this writ petition, he is challenging the advertisement dated 25.3.2013, by which the applications were invited for newly created country liqu .....

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..... nt liquors shops to the already existing 9 liquor shops out of remaining quota of 2,32,203 bulk litres and for creation 6 new country liquor shops. By the said letter dated 24.03.2013, the District Magistrate, Mainpuri has sent proposal for creation of a new country liquor shop at Hadhai. 7. That pursuant to the letter dated 24.03.2013 of the District Magistrate, Mainpuri, the Excise Commissioner, U.P., Allahabad vide his letter no.23467/Ten-License-22/G-12Ga/2013-14/Mainpuri dated 24.3.2013 granted approval for settlement of 25 vacant country liquor shops, 5 foreign liquor shop and creation of new liquor shops in district Mainpuri. 8. That after the approval of the Excise Commissioner, U.P., Allahabad, the District Magistrate, Mainpuri .....

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..... 51 bulk litres. Thus there is no violation of order dated 15.02.2002 issued by the Excise Commissioner, U.P. Both the shops are situated in different mohallas and therefore, by creation of a country liquor shop at Hadhai in rural area, the country liquor shop of the petitioner situate at Garhia Faizpur is not going to be affected in any way and there is no adverse impact on the country liquor shop of the petitioner." 8. From the counter affidavit, we find that the District Magistrate, Mainpuri by his letter dated 24.3.2013 sent proposal to the Excise Commissioner, U.P., Allahabad for transfer of quota of 16 vacant liquor shops to the already existing 9 liquor shops out of the remaining quota of 2,32,203 bulk litres and for creation of 6 n .....

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