R.K. Agrawal, J. - (1.) World over, the 21st Century has ushered a new era in the economic front. In order to attract foreign investment and to take their country towards development and industrialisation, the developing countries with the avowed object to establish it in the rank of the developed countries are vying with each other to open up their economy. The phenomena of global liberalisation is taking place. Most of the developing countries have signed the General Agreement of Tariff and Trade (GATT) and have become members of the World Trade Organisation (WTO). Our country is no exception. It has also opened up its economy except in certain specified fields where security of the nation is involved. It is encouraging competition in business activities in every field as compared to state control. The license Raj is gradually being phased out. However, when it comes to individual interest, persons are yet to get over the feeling of monopoly and find it difficult to adjust to the changing times. To protect their interest they take recourse to all steps which are available including legal proceedings. The present writ petition is one such example, where in order to protect the monopoly of selling foreign liquor, the opening of another shop of retail vend of foreign liquor in the nearby locality is being thwarted by all means.
(2.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Vijay Kumar Singhal seeks the following reliefs: (i) "issue a writ order or direction in the nature of certiorari calling for record and quashing the impugned order dated 03-5-2005 (Annexure-5 to the writ petition). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to shift Shamli Shop No. 2, Shamli, Muzaffarnagar between location Minakshi Chowk to Purani Alu Mandi, Civil Lines, Muzaffarnagar City. (iii) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Award cost of the petition in favour of the petitioner."
(3.) Briefly stated the facts giving rise to the present writ petition are as follows: According to the petitioner, he has been granted licence for retail vend of foreign liquor for a shop situated in Civil Lines, Muzaffarnagar. He was the licencee for the Excise Year 2004-05. For the Excise Year 2005-06 his licence has been renewed. The State Government has parted with its privilege by granting licence for retail vend of foreign liquor in favour of the petitioner for a sum of Rs. 19,83,800/- towards basic licence fee apart from Rs. 16,000/- deposited by him towards renewal fee and Rs. 2,000/- towards process fee. An advertisement was issued for the settlement of foreign liquor shop under the lottery system for the Excise Year 2005-06. It was published on 19th March, 2005 in the local newspaper, namely, 'Shah Times'. Licence for the shop in the name of Shamli Shop No. 2 which was situated in the Nagar Palika area was also advertised for being settled. Two persons, namely, Sri Sanjay Kumar and Sri Satya Vijay had applied for grant of licence for the said shop. The basic licence fee was fixed at Rs. 10,58,000/-. Sri Sanjay Kumar had offered a sum of Rs. 10,58,000/- whereas Sri Satya Vijay at Rs. 10,68,000/-. The licence was settled in favour of Sri Satya Vijay without the draw of lottery which was in contravention of the advertisement itself. It is alleged by the petitioner that an advertisement was issued on 30th March, 2005 by the office of the District Excise Officer, Muzaffarnagar which was published in 'Muzaffarnagar Bulletin' dated 31st May, 2005 in which it was stated that the request for change of site of Shamli Shop No. 2 was rejected by the Excise Commissioner, U.P. Allahabad and thus the location of Shamli Shop No. 2 will remain the same as notified earlier i.e. between S.C. Palace to Karmu Kheri. However, pursuant to the order dated 3rd May, 2005 passed by the Excise Commissioner, U.P. Allahabad, the shop has been opened by Sri Satya Vijay, respondent No. 6, between Minakshi Chowk and Alumandi in the city of Muzaffarnagar which is very close to the petitioner's shop thus effecting his business. The order dated 3rd May, 2005 is under challenge in the present writ petition. In the supplementary affidavit filed by Pradeep a salesman of the petitioner, it has been stated that the distance between the petitioner's shop and the shop of the respondent No. 6 is only 400 meters. The guidelines laid down by the order dated 15th February, 2004 has also not been followed.;