R.K.Agrawal, J. - (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Ashish Kumar, seeks the following reliefs: "(a) issue a writ, order or direction in the nature of certiorari quashing the impugned order of Collector/District Magistrate, Farrukhabad respondent No. 2 contained in notification dated 27.3.2006 published in daily newspaper Dainik Jagran dated 29.3.2006 (Annexure-5 to the writ petition). (ai) issue a writ, order or direction in the nature of certiorari quashing the impugned order of the District Magistrate Farrukhabad respondent No. 2 dated 26.3.2006 (Annexure-S.A. 1 to the supplementary-affidavit), the impugned order of approval passed by the Excise Commissioner respondent No. 4 dated 27.3.2006 (Annexure-S.A. 2 to this supplementary-affidavit) and the allotment order of the District Magistrate, Farrukhabad respondent No. 2 dated 31.3.2006 (Annexure-S.A. 3 to the supplementary-affidavit) for shifting the country liquor shop Raipurkhas Block Kampil, Tehsil Kaimganj, district Farrukhabad to Rajendra Nagar, Block Mohammadabad, Tehsil Sadar, district Farrukhabad; (b) issue a writ, order or direction in the nature of mandamus commanding the Collector respondent No. 2 to consider and decide petitioner's written representation dated 29.3.2006 (Annexure-6 to the writ petition) by a reasoned order after giving him opportunity of being heard expeditiously within the time which may be specified by this Hon'ble Court; (c) issue a writ, order or direction in the nature of mandamus commanding the respondents not to allow to open country liquor shop Raipurkhas Pargana Kampil, Tehsil Kaimganj. District Farrukhabad at Rajendra Nagar Pargana Mohammadabad, Tehsil Sadar, Farrukhabad; (d) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."
(2.) Briefly stated, the facts giving rise to the present petition are as follow: According to the petitioner, during the excise year 2005-06 he was granted licence in Form CL5-C for retail vend of country liquor at Punpalpur, Tehsil Sadar, Farrukhabad. The annual licence fee was Rs. 10,04,090 and the monthly minimum guaranteed quota was fixed at 1.059BL. The petitioner carried out the licence during the aforesaid excise year without any complaint and deposited the licence fee and all other dues in time. For the excise year 2006-07, renewal of the existing country liquor shop was to be made on an increase of 10% of the licence fee and the minimum guaranteed quota. The petitioner applied in March, 2006 for renewal of his licence for country liquor shop at Punpalpur after depositing the requisite amount of renewal fee. It is the case of the petitioner that in the excise year 2005-06 a country liquor shop, known as 'Raipurkhas', situate at Raipur, Pargana Kampil, Tehsil Kaimganj, district Farrukhabad, was at a distance of about 8 Kms. from the petitioner's country liquor shop, Punpalpur. However, during the excise year 2006-07, when the licence for the existing shop was going to be renewed ; the District Excise Officer, under the pressure and connivance with the local leaders of the ruling party, got a notification issued on 22.3.2006, which was published in the daily newspaper Dainik Jagran on 24.3.2006 for opening the country liquor shop, Raipurkhas at Rajendra Nagar, which is hardly at a distance of a kilometer from the petitioner's shop. The licence fee for the aforesaid shop was fixed at Rs. 6 lacs. As the opening of a new shop/shifting of the shop to Rajendra Nagar was going to adversely affect the petitioner's business, he made a representation before the Collector, Farrukhabad praying for recall of the proposal for shifting the shop 'Ralpurkhas' to Rajendra Nagar or to refund the entire amount deposited by him towards renewal of his licence for his shop at Punpalpur for the excise year 2006-07. The Collector, Farrukhabad, recalled the notification dated 22.3.2006 vide notification dated 24.3.2006 published in the daily newspaper Dainik' Jagran on 25.3.2006. Thereafter, another notification dated 27.3.2006 was published in the daily newspaper Dainik Jagran dated 29.3.2006 making proposal for opening the country liquor shop Ralpurkhas at Rajendra Nagar. On coming to know about the aforesaid advertisement, the petitioner personally approached the office of the Collector, Farrukhabad and submitted his representation dated 29.3.2006, a copy of which was also sent to the Excise Commissioner, U.P., Allahabad and the Secretary, Excise, Government of Uttar Pradesh. In this representation, the petitioner had made a request to either cancel or withdraw the notification dated 27.3.2006 or to refund the entire amount of renewal fee, security money, annual licence fee, etc. deposited by him for the excise year 2006-07 along with interest and damages. No orders were passed by the Collector, Farrukhabad whereupon the petitioner approached this Court by filing the present petition. The opening/shifting of the shop at Ralpurkhas to Rajendra Nagar has been assailed by the petitioner on the ground that it is in contravention of Rule 4 of the U.P. Excise (Settlement of Licence for Retail Sale of Country Liquor) Rules, 2002 (hereinafter referred to as "the 2002 Rules") as also the provisions of the U.P. Number and Location of Excise Shop Rules, 1968 (hereinafter referred to as "the 1968 Rules"). No cogent reasons have been recorded in writing as required under Sub-rule (2) of Rule 5 of the 1968 Rules for permitting change in the site of the shop in question. Further, opening of a shop at Rajendra Nagar, Pargana Mohammadabad, Tehsil Sadar, district Farrukhabad, which is hardly at a distance of a kilometer from the petitioner' country liquor shop at Punpalpur, would make it difficult for the petitioner to lift the minimum guaranteed quota as the sales would be adversely affected and he would be ruined.
(3.) The approval granted by the Excise Commissioner on 27.3.2006 has also been assailed on the aforesaid ground.;