Jurisdiction to implement shifting permission controls where a subordinate authority cannot override a competent excise order.

A subordinate authority cannot refuse to implement a competent authority's order permitting shifting of an A-4 liquor shop when it lacks jurisdiction to override that decision. The competent authority had approved relocation after the original site became unusable due to public agitation, and had allowed shifting to Ward No. 14 or other specified wards. The later refusal on the ground that Ward No. 14 was a prohibited area was unjustified, especially where the record showed inconsistent official stands, including earlier proceedings indicating that Ward No. 14 was not prohibited. The petitioner was therefore entitled to shift the shop in accordance with the competent authority's permission.

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Issues: Whether the respondents were justified in refusing to implement the competent authority's order permitting the petitioner to shift the A-4 shop to Ward No.14, and whether the subordinate authority could reject the request contrary to that order.

Analysis: The petitioner had obtained a licence for the A-4 shop and sought shifting because the originally notified location became unusable due to public agitation. The competent authority, having jurisdiction under the excise framework, had issued proceedings permitting shifting to Ward No.14 or other specified wards. The subordinate authority, despite lacking jurisdiction to override that decision, rejected the request on the basis that Ward No.14 was a prohibited area. The record also showed inconsistency in the stand taken by the authority, including prior proceedings indicating that Ward No.14 was not a prohibited ward. In these circumstances, the refusal to carry out the competent authority's order was held to be unjustified.

Conclusion: The respondents were not justified in declining to implement the permission for shifting, and the subordinate authority's contrary order could not stand. The petitioner was entitled to shift the A-4 shop to Ward No.14.

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