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2025 DAILYLAW 32607 (ALL)

RAVIKANT KESARWANI AND 6 OTHERS v. STATE OF U.P. AND 6 OTHERS

WPIL/610/2025 · 2025-03-23

Anish Kumar Gupta, Manoj Kumar Gupta

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:42302-DB Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 610 of 2025 Petitioner :- Ravikant Kesarwani And 6 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Chandresh Kumar Chaurasiya,Mohd Rehan Ansari,Pradeep Kumar Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed under Article 226 of the Constitution, purportedly in public interest, for a direction to respondent no. 5, i.e. Excise Commissioner, Prayagraj, U.P. Government, Lucknow, not to permit opening of any English Liquor Wine Shop for Excise Year 2025-2026 in the shop of Sanjay Kesarwani (respondent no. 7), bearing number 25/25, Ground Floor, Sammelan Marg, Prayagraj. 2. Petitioner no. 1 is brother of respondent no. 7. Petitioner nos. 2 to 7, who claim themselves to be residents of the same locality, are also allegedly related to respondent no. 7. Their case is that respondent no. 5 has permitted opening of an English Liquor Wine Shop in the rented premises of respondent no. 7 for the year 2025- 2026. In front of the said premises, there is a school and also a mosque and a temple and therefore, the liquor shop cannot be opened in the said premises. 3. Sri Vishesh Rajvanshi, Advocate, has entered appearance on behalf of respondent no. 7. He submits that the instant petition is a motivated one as the petitioners are related to respondent no. 7 and have therefore filed the instant petition out of personal vengeance. He submits that so far the premises has not been approved and the bidding for allotment is still in progress. 4. Learned Standing Counsel has placed on record the written instructions received from District Excise Officer, Prayagraj dated 19.3.2025, according to which, allotment of shops by e-mode for Excise Year 2025-2026, has been done. However, so far the premises where an allottee would run the shop, has not been approved. In para 6, it is stated that before approving the premises, the Authorities would have due regard to the provisions of the U.P. Number and Location of Excise Shops Rules, 1968 (as amended from time to time). 5. In our opinion, since the premises where the liquor shop allotted is to be run has not yet been approved, therefore, the petitioners have remedy of approaching the Excise Commissioner, i.e. respondent no. 5, with their grievance so that he may examine the same before approving the premises. 6. The petition stands disposed of with the above observations. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad