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2025 DAILYLAW 75560 (ALL)

VINEETA SHARMA v. STATE OF UP AND 5 OTHERS

WPIL/1803/2025 · 2025-07-16

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:115577-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1803 of 2025 Petitioner :- Vineeta Sharma Respondent :- State of U.P. and 5 others Counsel for Petitioner :- Atul Tej Kulshrestha, Manoj Kumar Yadav Counsel for Respondent :- C.S.C., Rajiv Singh (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition, purportedly in public interest, has been filed by the petitioner aggrieved of the running of the Model Liquor Shop at Raghu Shopping Complex, Church Road, Agra. 2. Submissions have been made that the licence in question has been granted for M.G. Road (Bag Farzana Mod Se Diwani Chauraha Tak), however, the shop has been opened on the Church Road which is contrary to the licence granted and therefore, the respondents be directed to shift the shop from the present place. 3. Further submissions have been made that on account of operation of shop within the Shopping Complex, the same has led to nuisance and therefore, on that count also, the shop be ordered to be removed. 4. Learned Standing Counsel has produced instructions inter alia producing a map wherein it has been indicated that the shop in question is between Bag Farzana Mod and Diwani Chauraha and the Church Road in fact is a side road, whereas the main road is the M.G. Road itself. 5. Further submissions have been made that the allegations made pertaining to the purported nuisance, cannot be countenanced inasmuch as the provisions of the Uttar Pradesh Number and Location of Excise Shops Rules, 1968 (for short 'the Rules of 1968') pertaining to situs of the shop have also been followed. 6. We have considered the submissions made by counsel for the parties and have perused the material available on record. 7. So far as the plea raised pertaining to the location of the shop is concerned, apparently the plea raised is factually incorrect. The shop in fact is on the M.G. Road and between the designated place. The plea raised based on the name of the side road where the shop is situated, cannot be countenanced. 8. So far as the allegations pertaining to the nuisance is concerned, for the said purpose/on the said nature of complaint, the shop in question cannot be ordered to be removed unless the situs is contrary to the Rules of 1968. No case pertaining to the situs being contrary to the Rules of 1968 is made out. 9. In view of the above discussions, no case is made out in the petition, the same is therefore, dismissed. Order Date :- 17.7.2025 AHA/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad