M.Katju and Yatindra Singh, JJ. - (1.) Heard learned counsel for the parties.
(2.) The petitioner had been granted a licence for distillery in Bijnor by the Central Government on 19.5.1956 vide Annexure-1 to the writ petition for manufacture and sale of country liquor, Indian made foreign liquor, and alcohol. Thereafter he was granted P.D. 2 licence by the Excise Commissioner, U. P. vide Annexure-2 to the petition. By order dated 18.9.1991, Annexure-4 to the petition. Clauses 2 and 3 of the P.D. 2 licence were deleted. Petitioner filed application dated 24.9.1991 for recalling of the order, dated 18.9.1991 vide Annexure-5 to the petition. By order dated 5.10.1991, that application was rejected by the Excise Commissioner. The petitioner filed two applications before the U. P. Government through the Principal Secretary, Excise Department, dated 29.5.1998 and 28.7.1999 vide Annexures-10 and 11 to the petition. These applications have not yet been disposed of.
(3.) In paragraph 15 of the counter-affidavit, it has been stated that in the appeal against the order of the Excise Commissioner, proceedings have been completed and orders are likely to be passed by the appellate authority very soon. This counter-affidavit was filed in April, 2000 but we are surprised that as yet, the appeal has not been decided.;