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Madhya Pradesh High Court

Shyam Bihari Singh vs The State Of Madhya Pradesh on 6 January, 2017

                        WP-20028-2015
         (SHYAM BIHARI SINGH Vs THE STATE OF MADHYA PRADESH)


06-01-2017

Shri K.R.S Chouhjan, learned counsel for the
petitioner.
Shri Vikram Johri, Panel Lawyer for respondent State.

Petitioner by way of present petition seeks following reliefs:

(i) A writ of certiorari quashing the impugned order dated 15.9.2015 (P/5).
(ii) A command to respondent No. 2 and 3 to remove the shop of respondent No. 4.
(iii) Any other appropriate writ, order or direction which the Hon'ble Court may deem just and proper in the nature and circumstances of the case.” Respondent Nos. 1 to 3 have filed the reply wherein paragraph 5 and 6 it is stated:
“5. That, after remand the Collector, Tikamgarh again took up the matter for hearing on the objection of the petitioner regarding the liquor shop being within 50 meters and vide final order dt. 28.3.2016 directed the District Excise Officer to shift the shop stationed at the objectionable place according to rules, if it is so found by him and submit the report. Copy of the order dt. 28.3.2016 is filed herewith as Annexure R.1.
6. In pursuance of the order of the Collector, Tikamgarh the District Excise Officer, Tikamgarh has vide letter dt. 13.7.2016 informed that the shop of country made liquor in question has been shifted from objectionable place to a non-

objectionable place on 22.4.2016. The objection raised by the petitioner does not apply in the case of foreign liquor shop as there is no facility of consumption of liquor on the premises as would be clear from perusal of clause (2) of the gazette notification Annexure P.4. Copy of the letter of the DEO dt. 13.7.2016 is filed herewith as Annexure R.2.

In view of the statement made on behalf of respondent Nos. 1 to 3 on affidavit sworn by N.D. Mahor, Dixtrict Excise Officer, Tikamgarh and not being disputed by the petitioner, as no rejoinder has been filed, no further cause now survives for adjudication as the relief sought by the petitioner has been worked out. Petition stands disposed of finally in above terms.

(SANJAY YADAV) JUDGE vivek