High CourtsSingle Bench(2021) 07 UK CK 0132

Devans Modern Breweries Ltd. And Another vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 20 July 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 1344 Of 2021

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Judgment

12 paragraphs · 207 words

Manoj Kumar Tiwari, J

1.

In this writ petition, petitioners have challenged the show cause notice dated 03.07.2021, which was issued with the allegation that petitioners are

selling Beer Brands in Uttarakhand in violation of Rule 12.5 of Excise Policy 2021-22.

2.

Learned counsel for the petitioners submits that without waiting for the reply to the show cause notice and, in the absence of any order,

petitioner’s name was struck off from the Excise Portal, due to which, petitioner was unable to sell out all his Beer Brands.

3.

On 15.07.2021, learned State Counsel was asked to get instructions in the matter. Today, on instructions, learned Standing Counsel submits that

except the three Beer Brands for which show cause notice was issued to the petitioner, petitioner has been permitted to sell other Beer Brands in

compliance of the order passed by Division Bench of this Court in Writ Petition (M/S) No. 1303 of 2021.

4.

Since the show cause notice has resulted in passing of the final order dated 14.07.2021, therefore, no useful purpose would be served by keeping

this writ petition pending.

5.

Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioner to challenge the subsequent order dated 14.07.2021 before

appropriate forum.