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TMI Blog2014 (5) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... rected to shift the shop and in pursuance thereof the newly created shop has been further shifted to 150 meters. There is nothing in the rejoinder affidavit that the shop has not been shifted from the old place. Whether it has been shifted further 150 meters and now the newly created shop is beyond 500 meters or within 500 meters is a question of fact, which cannot be adjudicated in the writ juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed representation before the Excise Commissioner, which has been rejected by the impugned order dated 07.03.2013. The contention of the learned counsel for the petitioner is that as per the circular dated 15th February 2002, which still operates, which is annexed as annexure two to Supplementary Affidavit, the distance of the new shop should not be less than 500 meters, while the new shop, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y report of the Deputy Excise Commissioner by the order dated 6th March 2013 it has been directed to create a new shop at a reasonable distance. In the counter affidavit in paragraph 6 it is stated that newly created shop at Dhata Road, Sirathu was shifted to a distance of more than 150 meters from the old location southward from the tempo stand whereby the distance between the two shops i.e. the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fted from the old place. Whether it has been shifted further 150 meters and now the newly created shop is beyond 500 meters or within 500 meters is a question of fact, which cannot be adjudicated in the writ jurisdiction. In view of the above, we decline to interfere in the matter. The petition fails and is, accordingly, dismissed. However, it is open to the petitioner to file fresh representat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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