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2025 DAILYLAW 171277 (ALL)

CHANDRAWATI DEVI v. STATE OF U.P. AND ANOTHER

WTAX/1191/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT TAX No. - 1191 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Sri Kshitij Ram Dubey holding brief of Sri Devottam Pandey, learned counsel for the petitioner and Sri Arimardan Singh Rajpoot, learned Additional Chief Standing Counsel for the State. 2. Petitioner seeks a direction upon respondent no. 2 to decide his representation dated 07.10.2024. 3. Preliminary objection has been raised as to the maintainability of this writ petition. It has been objected by learned Additional Chief Standing Counsel that the license of the petitioner has been cancelled vide order dated 23.09.2024. Against that, the petitioner has filed statutory appeal under Section 11 of the U.P. Excise Act, 1910. That appeal is still pending. Therefore, the prayer made in the present petition is misconceived and in any case, the petition is not maintainable. At present, there is no material on record to dispute the correctness of the fact basis of the preliminary objection raised by learned Additional Chief Standing Counsel. 4. In view of the above, preliminary objection is sustained. Versus Counsel for Petitioner(s) : Devottam Pandey Counsel for Respondent(s) : C.S.C. Chandrawati Devi .....Petitioner(s) State of U.P. and Another .....Respondent(s) 5. The writ petition is dismissed leaving it open to the petitioner to avail his statutory remedies in accordance with law. 6. The writ petition is disposed of. October 28, 2025 Pratima WTAX No. 1191 of 2025 2 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad