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Judgment
Hon’ble Mr. Subhash Upadhyay, J.
The petitioner has filed the writ petition with the following reliefs:
“i.Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.08.2026 bearing no. 458/AB./V.M.A.DU./2026-27/Nainital, 2026 (Annexure No. 18, Page No. 81 to 81) passed by respondent no.2/District Magistrate, Nainital;
ii.Issue a writ, order or direction in the nature of mandamus commanding the respondents, there officers, agents and subordinates to not to interfere in any manner with the peaceful running/operation of the petitioner’s duly licensed foreign liquor shop Nainital Road No. 3 situated at Near Dak Bangla, Kaldadhungi, District Nainital, and to compel or coerce the petitioner to shift the said shop for extraneous reasons not germane to the Excise Act and the Excise policy.”
Learned counsel for the petitioner submits that the petitioner was allotted a Foreign Liquor Shop at Nainital, Road No.3 (Nainital Kaladhungi-Bazjoon Road) for the financial year 2026-27 and 2027-28. The petitioner has deposited license fee of Rs. 1,82,000/- and had deposited two cheques amounting to Rs.7,42,560/-each in favour of Zila Abkari Adhikari, Nainital, on 18.03.2026. As per case of the petitioner, the shop was taken on lease at Mangoli at the rate of Rs.24,000/-per annum. However, due to agitation the shop was shifted at near Dak Bangla, Kaladhungi Road, District Nainital. As per case of the petitioner, merely one month after shifting of the said shop, at Dak Bangla, Kaladhungi, another order has been passed by District Magistrate Nainital, on 22.08.2026, whereby, referring to a letter dated 15.08.2026 of a local MLA, petitioner has been directed to shift the shop within seven days from the present location to some other place.
Learned counsel for the petitioner has specifically pleaded that neither any Show Cause Notice nor any opportunity of hearing was provided to the petitioner prior to issuance of the said order and the impugned order is an arbitrary exercise of power at the dictates of local MLA.
The case was listed yesterday, and the learned Standing Counsel was directed to seek instructions.
Today, instruction has been submitted by learned Standing Counsel on behalf of District Excise Officer, Nainital. A perusal of the same reveals that admittedly no Show Cause Notice or any opportunity of hearing was given to the petitioner prior to the issuance of the impugned order. The only averments made in the instructions are that upon local agitation of the public, the local MLA of the constituency, wrote a letter to the District Magistrate and on basis of that the impugned order was passed.
As the impugned order has been passed in utter violation of principle of natural justice and without providing any opportunity of hearing to the petitioner the impugned order cannot be sustained. The impugned order dated 22.08.2026 passed by the District Magistrate, Nainital is hereby quashed. The respondents are at liberty to initiate fresh proceedings in accordance with law, in case, there is any requirement of shifting the said shop. In that eventuality, the petitioner shall be given a Show Cause Notice and would be provided opportunity of hearing before passing any fresh order.
The writ petition stands disposed of.