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2014 (5) TMI 569
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....h ORDER Heard Sri Mukesh Prasad, learned counsel for the petitioner and the learned Standing Counsel. The petitioner has been granted license for foreign liquor shop No. 34 at Sirathu, District Kaushambi initially for the Excise year 2011-2012, which has been renewed for the Excise year 2012-2013. The contention of the learned counsel for the petitioner is that the license has been furthe....
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....f the respondent. In the objection filed before the Commissioner, which has been decided by the impugned order, we find that there is no averment that the new shop has been created within 500 meters. Learned counsel for the petitioner submitted that after filing the objection the report has been sought from the Deputy Excise Commissioner. In the report, which is annexure 5 to the writ petition,....
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....question of fact whether a newly created shop is within 500 meters or beyond 500 meters. It appears that earlier as per the report of the Deputy Commissioner the shop was at the distance of about 400 meters and on the representation being made and in pursuance of the report of Deputy Commissioner, the Commissioner vide order 6th March 2013 has directed to shift the shop and in pursuance thereof....