DAYA SHANKAR DIXIT Vs. STATE OF U P
LAWS(ALL)-2003-9-149
HIGH COURT OF ALLAHABAD
Decided on September 05,2003

Daya Shankar Dixit Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

M.KATJU, J. - (1.) THIS writ petition has been filed against the impugned order dated 14 -9 -1993 (Annexure -6 to the petition).
(2.) THE petitioner was a licensee of 9 shops of foreign liquor for the excise year 1992 -93. It is alleged in para 4 of the petition that in the month of December, 1992 there was a disturbance at Aligarh due to Ayodhya dispute and Curfew was imposed in Aligarh from 6 -12 -1992 to 31 -1 -1993. Due to this, the shops of the petitioner remained closed and there was no sale of foreign liquor during this period. It is alleged that under Section 59 of the U.P. Excise Act read with Rules 179 and 190 of the U.P. Excise Rules, the petitioner was entitled for remission of licence fee for this period. However, by the impugned order dated 14 -9 -1993 the petitioner's claim has been rejected. A perusal of the impugned order shows that no reason has been ascribed therein. In our opinion reasons should have been given for rejecting the petitioner's application as held by the Supreme Court in S.N. Mukherjee v. Union of India, AIR 1990 SC 1984. Hence, we quash the impugned order and remand the matter to the concerned authority to decide the petitioner's application for remission afresh.
(3.) THE petition is allowed. Petition allowed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.