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2025 DAILYLAW 145861 (ALL)

DINESH KUMAR JAISWAL v. STATE OF U.P. THRU. SECY. EXCISE DEPTT. LKO. AND 4 OTHERS

WRIC/5897/2025 · 2025-06-18

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35739-DB Court No. - 1 Case :- WRIT - C No. - 5897 of 2025 Petitioner :- Dinesh Kumar Jaiswal Respondent :- State Of U.P. Thru. Secy. Excise Deptt. Lko. And 4 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Kumar Singh learned counsel for the petitioner and Sri Nishant Shukla learned Additional Chief Standing Counsel for the State. 2. By means of this writ petition, the petitioner has challenged the validity of the order dated 24.5.2025 passed by the Excise Commissioner, U.P. for creation of several new liquor shops and the petitioner is aggrieved by establishment of a new liquor shop at Rambari Tiraha in district Gonda. 3. In furtherance of the aforesaid order, a notification dated 27.5.2025 has been issued by the Collector/Licensing Authority, Gonda for e-auction of a new liquor shop at Rambari Tiraha and the petitioner has also challenged the said notification. 4. The contention of the petitioner is that the petitioner holds the liquor shops licence at Paraspur, Gonda and the creation of new liquor shops at Rambari Tiraha would be detrimental to the interest of the petitioner. 5. Learned counsel for the petitioner has drawn attention of the Court to a condition put in the order dated 24.5.2025 holding that the establishment of a new shop would not adversely affect the shops running in nearby areas since before. He has submitted that the new shop at Rambari Tiraha would be within a distance of 2.5 kms. from the petitioner's shop, and, therefore, it will adversely affects petitioner's shop. 6. Per contra, Sri Nishant Shukla, learned Additional Chief Standing Counsel has stated that the guidelines for establishment of a new liquor shop have been laid down in government order dated 15.2.2024 which, inter alia, provides that a new liquor shop cannot be established within a distance of 500 meters from an existing shop. The proposed shop is at about 2.5 k.ms. away from the petitioner's shop and therefore no legal right of the petitioner is being infringed by establishment of the new proposed shop at a distance of 2.5 k.ms. from the petitioner's shop. 7. Learned counsel for the petitioner could not dispute the aforesaid fact and he could not point out any legal right of the petitioner which is being violated by the establishment of the new shop. 8. Accordingly, we find no force in the writ petition and the same is dismissed accordingly. . [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 18.6.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench