2013 (10) TMI 126

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....ukesh Prasad, learned counsel for the petitioner. Learned Standing Counsel appearing for State-respondents. 2. A country liquor shop was settled, on a license, with the petitioner in the public area at Hashimpur Road, Tagore Town, Allahabad. 3. By the impugned order dated 7.2.2013, the District Excise Officer, Allahabad has directed the petitioner to re-locate the shop. 4. The District Ex....

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....y of the conditions mentioned in the provisions of the Excise Act or Regulations. The re-location of the shop virtually amounts to stop the petitioner to carry on the business. He further submits that the restrictions were imposed by the State Government for open a country liquor shop at the distance of 100 Mts. in areas from any place of public worship or school or hospitals or residential colony....

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....eas designated as "commercial" or "industrial" by the development authority industrial development authority or other competent authority. 8. It is submitted that the rule was challenged in this Court and was declared ultra-vires. The State of U.P.filed Special Leave Petition (Civil) No.7551 of 2010 in which an interim order has been granted against the judgment on 23.2.2010. 9. In the prese....

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....e restriction applicable under sub rule (4) of Rule 5 of the aforesaid Rules in respect of the distance namely, 100 Mts. from the residential locality, would be attracted in the present case. The District Excise Officer, thus did not allow the renewal of the petitioner's shop close to the building. 11. We are informed that the Kamal Welfare Society also filed the contempt petition in which noti....