The State Of Uttar Pradesh Through Principal Secrtary vs. Akhil Bhartiya Sarva Jan Hitay Sarva Jan Sukhay Parishad Through Managing Trustee Pradeep Kumar Bajaj
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
14 Nov 2017
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Order Text
ITEM NO.11 COURT NO.6 SECTION XI
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No. 30051/2017
(Arising out of impugned final judgment and order dated 22-09-2017 in PIL No. 41593/2011 passed by the High Court of Judicature at Allahabad)
THE STATE OF UTTAR PRADESH & ORS. Petitioner(s)
VERSUS
AKHIL BHARTIYA SARVA JAN HITAY SARVA JAN SUKHAY PARISHAD Respondent(s)
Date : 14-11-2017 This petition was called on for hearing today.
- CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN
- For Petitioner(s) Mr. Tushar Mehta, ASG. Ms. Aishwarya Bhati, Adv. Mr. Akshat Kumar, AOR.
- For Respondent(s) Mr. H. C. Kharbanda, Adv. Mr. T. N. Saxena, Adv. Mr. Vipin Kumar Saxena, Adv. Mr. Naveen Kumar, Adv. Mr. Deepak Jyoti Ghirdiyal, Adv. Mr. Yash Pal Dhingra, AOR
UPON hearing the counsel the Court made the following O R D E R
Leave granted.
Service of notice of the petition is waived as learned counsel for the respondent-caveator has appeared and has accepted notice.
The High Court, by the impugned order, has directed the Excise Secretary to initiate all necessary process insofar as sale of foreign liquor for consumption "on" the premises at the model shops is concerned and conclude the same within one Digitally signed by NIDHI AHUJA Date: 2017.11.14 17:19:13 IST Reason: Signature Not Verified
month. It is also directed that the requirement of Section 35 of U.P. Excise Act shall be complied with by the State Government within the same period.
List the matter for final arguments in the second week of December, 2017, on a non-miscellaneous day, as it is a neat question of law which needs to be decided and learned counsel for the respondent has also stated that no counter affidavit is required to be filed.
In the meantime, there shall be stay of the aforesaid direction.