CLUB ORIENT RESORTS A UNIT OF ORIENT ORCHARDS P LTD Vs. STATE OF U P
LAWS(ALL)-2005-12-206
HIGH COURT OF ALLAHABAD
Decided on December 06,2005

Club Orient Resorts A Unit Of Orient Orchards P Ltd Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) HEARD Sri Shashi Kant Gupta, learned Counsel for the petitioner and Sri S. P. Kesharwani, learned Standing Counsel for the respondents.
(2.) THE Club Orient Resorts is a Unit of Orient Orchards Pvt. Ltd. (A company incorporated under the Companies Act, 1956). It applied for grant of licence in Form FL -7C under the U.P. Permit for Possession of Foreign Liquor by Club Rules, 1980. By the impugned order dated 31 -12 -2004 (Annexure 8 to the writ petition) the District Excise Officer, Kanpur Nagar, U.P. Allahabad has cancelled the licence in view of judgment of this High Court delivered in Wilt Petition No. 393 of 2002 M/s. Vision Club a Division of A.M. Constructions v. Commissioner of Excise U.P., Allahabad and Ors. decided on 22nd September, 2004, wherein it has been held that such licence cannot be granted as the applicant is not registered either under the Companies Act, 1956 or the U.P. Cooperative Societies Act, 1965 or under the Societies Registration Act, 1860.
(3.) AGGRIEVED against the aforesaid order the petitioner filed representation before authority concerned, which too has been dismissed vide order dated 4th March, 2005, Annexure 10 to the writ petition.;


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