INDIRA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) -By way of present writ petition petitioner has challenged the appellate order dated 1.3.2004, Annexure-4 and order dated 8.10.2004, Annexure-5, passed by the respondent No. 1 and the citation dated 24.2.2003.

(2.) BRIEF facts of the case are that under the new Excise Rules namely U. P. Excise (Settlement of Licenses for Retail Sale of Country Liquor) Rules, 2002 (hereinafter referred to as "Rules, 2002"), Settlement of country liquor shops of the district Allahabad for the Excise Year 2002-03 took place under the supervision of the respondents No. 3 and 4. Under Rule, 2002 country liquor shop at Nawabganj, district Allahabad was settled by lottery in favour of the petitioner, in which Mahesh Chandra Pandey was also one of the co-licencee. The shop was allotted on the application of the petitioner and intimation in this regard was given on 26.3.2002. In pursuance of the aforesaid intimation, petitioner deposited basic licence fee at Rs. 78,000, security money at Rs. 63,960. The minimum guaranteed quota of the shop was 650 bulk litres per month, i.e., 7,800 bulk litres per month. The value of which had been fixed towards licence fee at Rs. 6,39,600.

(3.) HEARD learned counsel for the parties.