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2013 (9) TMI 843

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..... by which the applications were invited for newly created country liquor shop in Village Hadhai, notified at serial no.3. 4. It is submitted that there was no vacant shop, which could be allotted to any other person. The list of the newly created shop shows that no new shop was allotted at Mainpuri (at item no.58) for the year 2013-14. 5. The petitioner has not impleaded the allottee of the shop against which the petitioner has filed this writ petition and thus the writ petition suffers from fatal defect. 6. In any case, now since the counter affidavit has been filed from which we find that new shops were allotted in District Mainpuri, without curtailing petitioner's quota, the writ petition deserves to be dismissed on merits. 7. Shri D. .....

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..... mmissioner, U.P., Allahabad, the District Magistrate, Mainpuri vide his letter No.275/Zi.Aab. Adhi/Mainpuri/Vyanasthapan/2013-14, dated 25.3.2013 issued advertisement for settlement of remaining country liquor shops and foreign liquor shops and further creation of new liquor shops including country liquor shop at Hadhai, district Mainpuri. 9. That it is relevant to submit here that out of 6 newly created liquor shops, one country liquor shop has been created at Hadhai, the annual quota of which was fixed as 6000 bulk litre. However, the settlement of said country liquor shop at Hadhai was made through offer/lottery for 7351 bulk litre. 10. That it is relevant to submit here that the Excise Commissioner, U.P., Allahabad by his order dated .....

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..... ining quota of 2,32,203 bulk litres and for creation of 6 new country liquor shops. The Excise Commissioner, UP, Allahabad by his letter dated 24.3.2013 granted approval for settlement of 25 vacant country liquor shops; 5 foreign liquor shops and creation of new liquor shops in District Mainpuri, which included a country liquor shop at Hadhai, District Mainpuri. The newly created shop, to which the quota of 6000 bulk litres has been allocated, is at a distance of about 3.5 km from petitioner's shop. In para-10 of the counter affidavit it is further stated that MGQ of country liquor shop of the petitioner at Garhia, Faizpur is 7450 bulk litres for the year 2013-14, and thus there is no violation of the order of Excise Commissioner dated 15.2 .....

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