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TMI Blog2013 (10) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... cted in the present case - The District Excise Officer, thus did not allow the renewal of the petitioner's shop close to the building. There was no error in the order of the District Excise Officer, Allahabad, directing the shop to be re-located by the order which is within the parameters of law - The public interest is an important factor for relocation of country liquor shop - No one has a fundamental right to trade in country liquor which is by its nature a dangerous and obnoxious trade - The country liquor shop in a residential locality causes bad odour, makes an entire area unhygienic and attracts bad elements of the area to assemble at odd hours - The families living in neighborhood with children and women find it difficult to live ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directions can be issued to re-locate the shop. The petitioner was not given any opportunity to re-locate the shop and that in any case, the petitioner has not violated any of the conditions mentioned in the provisions of the Excise Act or Regulations. The re-location of the shop virtually amounts to stop the petitioner to carry on the business. He further submits that the restrictions were imposed by the State Government for open a country liquor shop at the distance of 100 Mts. in areas from any place of public worship or school or hospitals or residential colony.He places reliance on Rule 5 sub-rule (4) of U.P. Number and Location of Excise Shops (Fourth Amendment ) Rules, 2008, which is quoted as follows : "4(a) No shop or sub-shop sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners of the building, who have objections to the location of the shop an inspection was made. The District Excise Officer was, thereafter, directed to re-locate any shop at Hashimpur Road, George Town, Allahabad. 10. The license of the shop is renewed every year. Every renewal amounts to fresh grant and thus, the restriction applicable under sub rule (4) of Rule 5 of the aforesaid Rules in respect of the distance namely, 100 Mts. from the residential locality, would be attracted in the present case. The District Excise Officer, thus did not allow the renewal of the petitioner's shop close to the building. 11. We are informed that the Kamal Welfare Society also filed the contempt petition in which notices were issued. Keeping in view the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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