JUDGEMENT
Biswanath Somadder, j. -
(1.) This writ petition has been taken out by one Phool Chandra, seeking this Court's interference in respect of an order dated 25th October, 2019, issued by the District Magistrate/Licensing Authority, Prayagraj, whereby the petitioner's licence to operate a country liquor shop stood cancelled. A further prayer has been made by the writ petitioner to restore his license so that he is allowed to run his country liquor shop, which is situated in village - Sithauli, Police Station - Utraon, District - Prayagraj, till 31st March, 2020.
A report in the form of an affidavit was called for in terms of our order dated 25th November, 2019, from the concerned respondent authority to enable the said authority to respond to the specific allegations as sought to be made in the writ petition. Such report in the form of an affidavit has been filed by the District Excise Officer, Prayagraj, which is on record. A plain reading of the report reveals the following facts which appear at paragraphs 4, 5, 6, 7 and 8 therein :-
"4. That on 12.08.2019, a surprise inspection of the country liquor shop Sitholi was done. During the inspection 33 duplicate quarters of Windies Lime brand were recovered from the shop in the presence of the Salesman of the Shop Hariom Pal S/o Ram Sumer Pal but his relative Kamlesh Pal is supplying this duplicate liquor. The Salesman of the shop was taken in the custody and an F.I.R. was lodged in Police Station Utraon, Prayagraj. Sample of the recovered spurious liquor were drawn and sent to Assistant Excise Commissioner, Radico Khetan Distillery, Rampur for laboratory testing.
5. That by an order of District Magistrate/Licencing Authority dated 14.08.2019 the license of the Country Liquor Shop Sitholi was suspended and Show Cause Notice was served to petitioner. In the interest of the revenue the shop was resettled on temporary daily basis by tender offer method.
6. That the laboratory testing report proves that the liquor recovered from Country Liquor Shop Sitholi was duplicate liquor as Liquor, Bottle, Cap seal, Label, QR Code all were found duplicate. A copy of lab report is being filed herewith and marked as Annexure No. 1 to this affidavit.
7. That by selling Spurious Liquor, the petitioner was not causing loss to Government Revenue but was also putting health hazards to consumers of his shop. This may kindly noted that in many districts of Uttar Pradesh more that 150 people have died by consuming spurious liquor in recent months.
8. That the representation 20.08.2019 filed by the petitioner was found unsatisfactory and after receipt of Laboratory Report, in the interest of public health and life safety as also for the protection of the government revenue, the Licencing Authority cancelled licence of the petitioner's shop by Order dated 25.10.2019."
Apart from the above statements made by the District Excise Officer, Prayagraj, we find from a reading of the impugned order dated 25th October, 2019, that the writ petitioner was, in fact, given an opportunity of hearing by the District Magistrate/Licensing Authority, Prayagraj, and he participated in the adjudicatory process by responding to the said notice. The following sentence in the impugned order dated 25th October, 2019, is a clear pointer in this direction:-
... VARNACULAR TEXT OMITTED...
English translation:- "In response to the said notice, reply was made available by the licensee."
Section 11(1) of the United Provinces Excise Act, 1910, provides for statutory appeal in respect of the impugned order dated 25th October, 2019.
In the facts and circumstances of the instant case, the writ petitioner - in the absence of any demonstration of palpable arbitrariness or mala fides or perversities (all of which could have vitiated the due process of law being followed) and particularly in the absence of any procedural impropriety, ought to have approached the statutory appellate authority instead of rushing to the writ Court.
We are, therefore, not inclined to exercise our discretionary jurisdiction under Article 226 of the Constitution of India and leave it open to the writ petitioner to proceed in accordance with law.
However, we wish to observe that in the event, statutory appeal is filed within a period of fortnight from date, the appellate authority is requested to dispose of the appeal as expeditiously as possible.
The writ petition stands disposed of accordingly. ;