- (1.) The present writ petition has been filed by the petitioner, inter alia, praying for quashing the Order dated 3rd November, 2012, whereby the licence issued to the petitioner under the relevant provisions of the U.P. Excise Act, 1910 read with the relevant provisions of the Uttar Pradesh Excise Settlement of Licences for Retail Sale of Foreign Liquor (Excluding Beer and Wine) Rules, 2001, has been cancelled. From the averments made in the writ petition, it appears that for the year 2012-13, the petitioner was having licence under the aforesaid provisions for retail sale of Foreign Liquor (excluding Beer and Wine). By the impugned order dated 3rd November, 2012, the said licence has been cancelled by the Collector/Licensing Authority, Firozabad in exercise of his powers under Section 34(2) of the U.P. Excise Act, 1910 read with the relevant provisions of the aforesaid Rules, particularly Rule 18(2) thereof.
(2.) We have heard Sri S.N. Yadav, learned counsel for the petitioner and the learned standing counsel appearing for the respondent Nos. 1, 2 and 3.
(3.) Learned standing counsel appearing for the respondent Nos. 1, 2 and 3 has raised a preliminary objection that against the impugned order cancelling the licence granted to the petitioner under the relevant provisions of the U.P. Excise Act, 1910 read with the relevant provisions of the aforesaid Rules, the petitioner has an alternative remedy of filing appeal under sub-section (1) of Section 11 of the U.P. Excise Act, 1910 before the U.P. Excise Commissioner.;