2025:UHC:5058-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 17TH JUNE, 2025 WRIT PETITION (M/B) No. 377 OF 2025 M/s Root Crops Trading Pvt. Ltd. …Petitioner Versus State of Uttarakhand and others. …Respondents Counsel for the petitioner. : Mr. M.C. Kandpal, learned Senior Counsel assisted by Mr. Devesh Kandpal, learned counsel. Counsel for respondent nos. 1 & 2. : Mr. Sunil Khera, learned DAG for the State of Uttarakhand. Counsel for respondent no. 3. : Mr. Navneet Kaushik, learned counsel. JUDGMENT : (per Sri Alok Mahra, J.) Petitioner had earlier filed Writ Petition (M/B) No. 258/2025 seeking the following reliefs : “a. Issue a writ, order or direction in the nature of Mandamus directing the respondents to take a decision on the application preferred by the petitioner company for the grant of FL2(O) licence submitted before the respondent authorities on 24.03.2025 inasmuch as till date no action has been taken on the aforesaid application for the grant of FL2(O) licence, for financial year 2025-26, in terms of clause/Rule 19(b) of the Excise Policy/Excise Rules promulgated on 05.03.2025. b. Issue a writ order or direction in the nature of certiorari be issued and the clause/Rule 19.1(c) of the excise policy/excise rules promulgated on 5t of March 2025 be quashed to the extent of condition of sale of minimum 2.5* lakh bulk litre overseas liquor /Beer/Wine/RTD upto 31.12.2024 (though it is wrongly mentioned as 31.12.2025) in financial year 2024-25 as a condition precedent for the renewal of FL2(O) licence for the financial year 2025-26. (Annexure No.7 to this writ petition). c. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the application dated 24.03.2005 for the renewal of FL2(O) license for the financial year 2025-26. d. Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. e. Award costs of the petition to the petitioner.” 1 2025:UHC:5058-DB 2. The aforesaid Writ Petition was disposed of by a Coordinate Bench of this Court, vide order dated 20.05.2025, whereby the Writ Petition was disposed of, with a direction to the Competent Authority to take decision on petitioner’s application, as made by him on 24.03.2025, as per law, within four weeks. Liberty was also granted to the petitioner to challenge the condition contained in the Government Policy, which is coming in way of renewal of licence. 3. Now, the counsel for the State has submitted that no decision has been taken on petitioner’s representation till date by the Competent Authority, as four weeks’ time has not elapsed since the date when the order was passed. 4. Now, the petitioner has filed the present Writ Petition, seeking similar reliefs, as were sought in Writ Petition (M/B) No. 258/2025. 5. Since the period granted by the Coordinate Bench of this Court in the order dated 20.05.2025 has not elapsed, the prayers sought for in the present Writ Petition are premature. 6. Accordingly, the present Writ Petition is dismissed, reserving liberty to the petitioner to file a fresh Writ Petition, if the cause of action survives. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 17th June, 2025 Rahul 2 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e6 6e61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A1 92FCAD15C390A1AAD7B39857D2540AE4C28 A4898, cn=RAHUL PRAJAPATI Date: 2025.06.18 14:36:09 +05'30'