Gram Panchayat Suddhowala And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The petitioner no. 1 is the Gram Panchayat Suddhowala, District Dehradun and the petitioner nos. 2 to 4 are villagers of Gram Panchayat / Kshetra Panchayat, Suddhowala. The respondent no. 6 has opened a Grocery cum Wine Shop “Your Daily Basket”. The said shop is located in front of the Ambassador School, Suddhowala, therefore, there is a threat to the well-being of students, children, women and villagers. The villagers of the Gram Panchayat, Siddhowala raised their grievances before the District Magistrate, Dehradun on 19.03.2024. On 23.10.2024, the villagers of the said Gram Panchayat again made a representation to the District Magistrate against the opening of “Your Daily Basket (Grocery cum Wine Shop)”.The villagers of the Gram Panchayat, Siddhowala again made the representation dated 11.11.2024 to the District Magistrate. The said representation is still pending. Therefore, the present writ petition has been filed under Article 226 of the Constitution of India with the following prayers: -

“(i) Issue a writ order or direct ion in the nature of Mandamus commanding and directing the respondent authorities to take necessary steps in pursuance of representation letter dated 11.11.2024 (Annexure No. 8) submitted by the petitioners before the respondent no. 3.

(ii) Issue a writ in the nature of mandamus commanding and directing the respondent authorities to cancel the liquor license no.84/ 2024 - 25 issued by respondent no. 3.

(iii) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iv) Award cost of the petition.”

Heard Mr. Reituparna Joshi, learned counsel for the petitioners and Mr. M.S. Bisht, learned Brief Holder for the respondent nos. 1 to 5.

Mr. Reituparna Joshi, Advocate has requested to dispose of the present writ petition directing the District Magistrate / Licensing Authority, the respondent no. 3, to decide the representation dated 11.11.2024 as expeditiously as possible.

Mr. M.S. Bisht, Brief Holder has sought two weeks’ time to decide the said representation.

With the consent of learned counsel for both the parties, the present writ petition is disposed of directing the District Magistrate / Licensing Authority, the respondent no. 3 to decide the representation dated 11.11.2024, after providing an opportunity of hearing to the petitioners and respondent no. 6, within a period of two weeks from the date of production of the certified copy of this order, by reasoned and speaking order and in accordance with law.