STATE OF U.P. AND ORS. versus MANOJ KUMAR DWIVEDI AND ORS

STATE OF U.P. AND ORS. versus MANOJ KUMAR DWIVEDI AND ORS

'Close proximity' in Rule 5(4) of the U.P. Number and Location of Excise Shop Rules, 1968 means within 100 meters or 300 ft. (approx.), and no liquor shops shall be licensed or operated in such proximity to a place of public resort, school, hospital, place of worship, factory, bazar entrance, or residential colony. Natural justice requires notice before closure; shops to operate till 31.3.2008 and then be closed or relocated if within prohibited area.

Parties
Petitioner: State of Uttar Pradesh and Ors.; Respondent: Manoj Kumar Dwivedi and Ors.
Jurisdiction
India
Judgment Date
25 February 2008
Procedural Posture
Special Leave Petition (civil) / Final Disposal Before Supreme Court
Outcome
Petitions disposed of with affirmation of High Court's interpretation of 'close proximity', but shops to remain open till 31.3.2008. All within prohibited radius to be closed or relocated thereafter. No licence/renewal for shops in prohibited area.
Legal Topics
Interpretation of 'close Proximity' in U.p. Excise Rules, Liquor Shop Location Regulation, Principle of Natural Justice
Excise Law Administrative Law Constitutional Law Interpretation of 'close Proximity' in U.p. Excise Rules Liquor Shop Location Regulation Principle of Natural Justice

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Parties

State of Uttar Pradesh and Ors.

Petitioner

Manoj Kumar Dwivedi and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposal Before Supreme Court

Legal Issues

  1. 1 Interpretation of 'close proximity' under Rule 5(4) of U.P. Number and Location of Excise Shop Rules, 1968
  2. 2 Appropriateness of High Court's closure order without notice

Ratio Decidendi

'Close proximity' in Rule 5(4) of the U.P. Number and Location of Excise Shop Rules, 1968 means within 100 meters or 300 ft. (approx.), and no liquor shops shall be licensed or operated in such proximity to a place of public resort, school, hospital, place of worship, factory, bazar entrance, or residential colony. Natural justice requires notice before closure; shops to operate till 31.3.2008 and then be closed or relocated if within prohibited area.

Court Disposition

Petitions disposed of with affirmation of High Court's interpretation of 'close proximity', but shops to remain open till 31.3.2008. All within prohibited radius to be closed or relocated thereafter. No licence/renewal for shops in prohibited area.

Orders

  • Interim arrangement continues till 31.3.2008.
  • After 31.3.2008, shops within 100 meters or 300 ft. of designated locations must be closed or shifted.