Neutral Citation No. - 2025:AHC:23177-DB Court No. - 29 Case :- WRIT TAX No. - 481 of 2025 Petitioner :- Satyendra Singh Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Sr. Advocate,Utkarsh Prasad Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. 1. This petition is directed against a show-cause-notice issued to the petitioner whereby license issued previously to the petitioner for running a country liquor show has been suspended. The notice contains allegations to the effect that there was a shortfall in deposit of security money and that even during the subsistence of the period of license, the FDR submitted towards security was got encashed. The notice is challenged on the ground that in an enquiry conducted by respondents themselves, it has been found that there was no shortfall in deposit of security. It is also submitted that other allegations made in the impugned notice are factually incorrect and, therefore, suspension of petitioner's licnece is arbitrary. 2. Submission is that the authorities could have called for a reply from the petitioner but suspension of the country liquor shop, while issuing such notices, is arbitrary, in the facts of the case, as suspension of the liquor shop neither would help the petitioner nor would be of assistance to the State as collection of excise revenue would be adversely affected. It is also submitted that there is otherwise no deficiency pointed out with regard to running the country liquor shop by the petitioner. 3. Learned State Counsel however, points out that the shortage in the security amount was made good, only subsequently. 4. Learned Senior Counsel for the petitioner places reliance upon an order passed by this Court in Writ Tax No.212 of 2025 on 22.01.2025 which is reproduced:- "1. It is submitted by counsel for the petitioner that the petitioner was unaware of withdrawal of the FDRs since the original were with the District Excise Officer and the petitioner had never moved any application for encashment before the bank for preparing a duplicate FDR on the pretext that the FDR has been lost. 2. Further submission has been made that the deficiency, if any, was also cured by the petitioner before passing of the impugned order dated 03.01.2025 still while issuing show-cause notice, the license of the petitioner for sale of country liquor has been suspended, which is not justified. 3. Counsel for the respondents though does not dispute the fact that on the date of issuance of notice, the deficiency in the amount of security deposit by way of FDR had been fulfilled by the petitioner but submission has been made that the same amounts to fraud on the part of the petitioner. 4. Counsel for the respondents prays for time to file counter affidavit. 5. Time prayed for is allowed. 6. Needful may be done by the next date. 7. List the petition on 04.03.2025. 8. In the meanwhile and till further orders, the order dated 03.01.2025 is stayed to the extent the license of the petitioner has been suspended. However, the respondents would be free to continue with the proceedings pursuant to the show-cause notice. " 5. We are informed that other petitions have also been connected and are kept pending. 6. Considering the nature of order proposed to be passed, we are of the view that instead of keeping this petition pending, it would be appropriated to dispose off the case at this stage itself. Various allegations made against the petitioner in the show-cause-notice can always be enquired after obtaining reply from the petitioner. Such reply can be examined by the competent authority, at the first instance, on merits. 7. In such circumstances instead of keeping the writ petition pending, we dispose of the writ petition with following directions: i. The petitioner will be at liberty to submit reply to the show- cause-notice within one period of a week along with a copy of this order, raising all available grounds that are urged in this petition. ii. The concerned licensing authority will be at liberty to get the facts verified and to pass an appropriate reasoned order in the matter within a period of six weeks. iii. Till an appropriate final order is passed in the matter, the suspension of petitioner's country liquor shop licence would be kept in abeyance and shall abide by the final outcome of the proceedings. Order Date :- 18.2.2025 /C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad