- (1.) Heard Sri Satya Prakash, learned counsel for the petitioner and Sri H.P. Srivastava, learned Additional Chief Standing Counsel appearing for the State-respondents.
(2.) By filing the instant writ petition, the petitioner, who is a licensee of retail sale of foreign liquor, has assailed shifting of Model Shop in respect of which a license has been granted to the fifth respondent, from Hussainganj Bypass, Sitapur to Gajanand Complex, Somesh Tower, Lalbagh, Sitapur.
(3.) The basic premise of challenge to the impugned action as asserted by the petitioner is that the shifting has been done under the permission granted to the fifth respondent without obtaining any sanction or approval of either the State Government or the Excise Commissioner as contemplated in Rule 2-A of U.P. Number and Location of Excise Shop Rules, 1968(herein after referred to as "1968 Rules"). It has further been contended by the learned counsel for the petitioner that shifting of Model Shop in question is in derogation of the provisions contained in the Circular dated 15.02.2002 issued by the Exercise Commissioner and further that on account of shifting the Model Shop being run by the fifth respondent the Model Shop is now situated within the distance of 100 metres from the petitioner's foreign liquor shop in the same locality which would not only result in loss to the petitioner, but would also cause loss to the State Exchequer.;