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2026 DAILYLAW 1713 (UTT)

MUKESH UPADHYAY v. DISTRICT MAGISTRATE LICENSING AUTHORITY

WPMS/2871/2025 · 2026-01-03

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:93 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2871/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Bhupesh Kandpal, Advocate, for the petitioner. Mr. C.S. Rawat, Chief Standing Counsel, for the State. (2) During financial year 2022-23, applications were invited by District Excise Officer, Udham Singh Nagar for settlement of such liquor shops, licensees whereof were declared defaulter. According to petitioner, he could run the liquor shop only for some months, however now he is being asked to pay Minimum Monthly Guaranteed Duty and other dues for a period much more than the period the shop was run by him. In this writ petition, petitioner has sought the following relief: “(a) A writ order or direction in the nature of certiorari quashing the impugned Order No. 12855-Excise/Shop Cancellation/U.S.N./2021-22 dated 14.12.2022 (Annexure No. 4 to the writ petition) passed by District Magistrate/Licensing Authority, Udham Singh Nagar i.e. respondent no. 1.” (3) The order impugned in this writ petition was passed by the District Magistrate/Licensing Authority, whereby licence granted to the petitioner was cancelled. Since the order passed by District Magistrate/Licensing Authority is appealable under Section 11(1) of the Excise Act, therefore, this Court is not inclined to entertain the writ petition. Writ petition is, accordingly, disposed of with liberty to petitioner to approach the 2026:UHC:93 appropriate forum. If petitioner files appeal within ten days from today, the same shall be heard and decided, on merits, expeditiously. Only for a period of ten days, no coercive action shall be taken against the petitioner, pursuant to impugned order. (Manoj Kumar Tiwari, J.) 3.1.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.01.03 16:59:58 +05'30'