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2025 DAILYLAW 77127 (ALL)

VIRENDRA PRASAD v. STATE OF UTTAR PRADESH AND 5 OTHERS

WTAX/3557/2025 · 2025-07-30

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129381-DB Court No. - 29 Case :- WRIT TAX No. - 3557 of 2025 Petitioner :- Virendra Prasad Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Ashish Pandey,Randhir Jain Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri S.K. Yadav, learned counsel for the petitioner and learned Standing Counsel for all the respondents. 2. The instant writ petition is preferred under Article 226 of Constitution of India with prayer to issue direction to the respondent authorities to shift the country made liquor shop situated at Partawal, Chhatiram, Ward No.10, Nagar Panchayat Partawal, District Maharajganj to outside the abadi area within some stipulated time. 3. Learned counsel for the petitioner states that adjacent to the petitioner's house, the Excise Department has proposed to open a country-made liquor shop, which will seriously affect the life of the petitioner and other residents of the locality. So far as the grievance of the petitioner is concerned, she has already representations dated 18.3.2025 and 27.3.2025 before the respondents for redressal of her grievance, which are still pending. He has confined his prayer only to the relief that her representation dated 18.3.2025 and 27.3.2025 may be considered by the appropriate authority. 4. Learned Standing Counsel has no objection to the said prayer. 5. No useful purpose would be served in keeping the writ petition pending. 6. In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally giving liberty to the petitioner to move a fresh representation before the competent authority within a week's time from today. In case any such representation is moved within the said period, the same shall be considered and decided by the competent authority in accordance with law within next four weeks. Order Date :- 31.7.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad