Manoj Kumar Tiwari, J
1. In a public auction, petitioner was allotted license for retail sale of Indian Made Foreign Liquor at Rajpur Road, Ist, Dehradun. Respondent no.6
(Bhupal Arya) was allotted similar license for Rajpur Road, IIIrd, Dehradun at Gandhi Park. Upon grant of such license, respondent no.6 was
permitted to shift his shop from Gandhi Park to Opal Lounge, Opposite to Secretariat Gate.
2. Petitioner challenged order of shifting passed by District Excise Officer vide order dated 09.07.2021 by filing an appeal. Petitioner’s appeal has
been dismissed vide order dated 18.09.2021. Feeling aggrieved by these two orders, petitioner has approached this Court.
3. Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State has raised a preliminary objection that in view of statutory remedy available to
the petitioner under Section 11 (2) of the Excise Act, 1910, this writ petition is not maintainable.
4. This Court finds substance in the submission made by learned Additional Chief Standing Counsel that after dismissal of an appeal filed under
Section 11 (1), petitioner has remedy of filing revision before the State Government under Section 11 (2). On this ground alone, the writ petition is
dismissed with liberty to file revision before the State Government. If petitioner files a revision on or before 20.12.2021, decision thereupon shall be
taken as early as possible, but not later than six weeks.
