Sandeep Singh Vs State Of U.P. And 2 Others (Allahabad High Court)
In a recent ruling, the Allahabad High Court addressed the issue of license cancellation under the United Provinces Excise Act 1910. The case, Sandeep Singh vs. State of U.P., revolves around the cancellation of a liquor license without substantial evidence.
The petitioner, Sandeep Singh, challenged the cancellation of his liquor license for a shop at Majhenpurwa. The license was revoked under Section 34(2) of the Act by the Licensing Authority, citing violations at another shop owned by Singh in Gehrukheda.
The court emphasized that license cancellation cannot be arbitrary or based merely on suspicion. It must be supported by cogent material and evidence. The judgment outlined the conditions under which Section 34(2) can be invoked, stressing the discretionary nature of the power conferred upon the licensing authority.
The court scrutinized the grounds for cancellation provided in the impugned order and found them lacking in substance. Despite allegations, there was no concrete evidence of wrongdoing related to the Majhenpurwa shop. The court reiterated that suspicions alone cannot justify punitive measures such as license cancellation.
Furthermore, the judgment underscored the importance of adhering to legal precedents and previous rulings. The Licensing Authority failed to apply the principles established in an earlier judgment concerning the same petitioner. By repeating the mistake without substantial evidence, the State authorities acted unlawfully.
