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2025 DAILYLAW 6162 (UTT)

PIYUSH SANGA v. STATE OF UTTARAKHAND

WPMS/1297/2025 · 2025-10-07

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8853 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1297/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Geetanjali Dhami, Advocate holding brief of Mr. Sunder Singh Mehra, Advocate for the petitioner. Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State. 2. By means of this petition, petitioner has sought the following reliefs: “(i) Issue a writ, order or direction in the nature of Certiorari cancelling the licence of liquor shop in question issued to respondent no. 5 after calling the records which was illegally and arbitarily issued by respondent Authorities in favour of Respondent No. 5; (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to issue fresh auction notice for granting the licence of liquor shop situated Someshwar, District- Almora.” 3. Coordinate Bench vide order dated 15.05.2025 had directed for issuance of notice to respondent No. 5; however, as per office report, petitioner has not taken any steps for service upon respondent No. 5. 4. Learned State Counsel submits that as per Government Policy, licence for retail sale of Indian Made Foreign Liquor was granted to respondent No. 5 by draw of lots, as the highest bidder who was entitled for grant of licence, did not come forward to receive the same. 5. He points out that petitioner in para 7 of 2025:UHC:8853 the writ petition has pleaded that he has made a representation which is pending. He submits that let petitioner make a fresh representation to the Excise Commissioner who shall examine the matter as per the applicable policy. 6. The writ petition is, accordingly, disposed of with liberty to petitioner to make fresh representation to Excise Commissioner. If petitioner makes such representation within ten days from today, Excise Commissioner shall take decision thereupon within six weeks thereafter. 7. It goes without saying that respondent No. 5 and other stakeholder, if any, shall also be provided opportunity of hearing before taking any decision. 8. Pending application(s), if any, stand disposed of. Manoj Kumar Tiwari, J.) 07.10.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c 2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC 4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.10.08 18:20:18 +05'30'