IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. OF 2022 (P.I.L.)

Sarvendra Pratap Singh, aged about years, son of Surendra Bahadur

Singh, resident of village Gopalpur, Post Jahnaipur, District
Pratapgarh.
............ Petitioner.
Versus
1. State of U.P. through Principal Secretary Excise Department, Civil
Secretariat, Lucknow.

2. Excise Commissioner, Allahabad Mandal Allahabad.

3. District Magistrate, District Pratapgarh.

4. District Excise Officer, District Pratapgarh.

5. Ashfaq Ahmad, Licensee of Wine Shop Gopalpur, District

Pratapgarh.

............ Opposite Parties.

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA
To,
The Hon’ble Chief Justice and his other Hon’ble
Companion Judges of the aforesaid Hon’ble
High Court.
The petitioner/applicant most respectfully begs to submit as
under:-
1. That this is the first writ petition in the subject matter, before no
writ petition was filed by the petitioner either in the High Court,
Allahabad or at Lucknow Bench, Lucknow in the same subject
matter.

2. That no caveat petition or information has been received by the

petitioners from the opposite parties through registered post or
any other source of service.

3. That the petitioner has no any personal or private interest in the

matter, and there is no authoritative pronouncement by the
Hon’ble Supreme Court or High Court on the question raised
and that the result of the litigation will not lead to any undue
gain to himself or anyone associated with him or undue loss to
any person, body of persons or the State.

4. That by means of present writ petition the petitioners are

seeking relief in the nature of Mandamus commanding the
opposite parties to remove the wine shop of Gopalpur, District
Pratapgarh which is adjacent at National Highway while the
Hon’ble Apex Court has pass an order with the direction that no
shop for the sale of liquor shall be visible from National or
State Highway, directly accessible from a National or State
Highway and situated within a distance of 500 meters of the
outer edge of the National or State Highway or of service lane
along the highway.

5. That the brief facts of the case are that the petitioner is social
worker of District Pratapgarh and he has no personal or private
interest in the aforesaid matter.
6. That the opposite party No. 5 is a licensee of wine shop of
Gopalpur Market, District Pratapgarh and he open his shop at
National Highway which is dangers to the lives and safety of
persons using the highway, resulting from the menace of
drunken driving. The Photograph of wine shop is being
annexed herewith as Annexure No. 1 to this writ petition.

7. That it is pertinent to mention here that the directions of

Hon’ble Supreme Court are reproduced below:-
(i) All states and union territories shall forthwith cease and
desist from granting license for the sale of liquor along
national highways.
(ii) The prohibition contained in (i) above shall extend to and
include stretches of such highways which fall within the
limits of a municipal corporation, city, town or local
authority.
(iii) The existing license which have already been renewed
prior to the date of this order shall continue until the term
of the license expires but no later than 1st April, 2017.
(iv) All signage and advertisements of the availability of
liquor shall be prohibited and existing ones removed
forthwith both on national and state highways.
(v) No shop for the sale of liquor shall be visible from
National or State Highway, directly accessible from a
National or State Highway and situated within a distance
of 500 meters of the outer edge of the National or State
Highway or of service lane along the highway.
The Photostat copy of order passed by Hon’ble Apex Court is
being annexed herewith as Annexure No. 2 to this writ
petition.
8. That in view of the fact that the opposite party No. 5 is running
his wine shop on national highway as several persons met with
an accident and after taking a wine the persons is starting fight
with each other.

9. That since the opposite party No. 5 is running his shop at

Gopalpur National Highway the atmosphere of the area will be
ruined.

10. That on 02.04.2018 the petitioner sent a representation to the

District Magistrate, Pratapgarh and District Excise Officer,
Pratapgarh with the requesting therein that the wine shop of
opposite party No. 5 may be shifted about 500 Meters from
National Highway Gopalpur, District Pratapgarh. The copy of
representation dated 02.04.2018 is being collectively annexed
herewith as Annexure No. 3 to this writ petition.

11. That on 5.04.2018 the petitioner sent another representation to

the District Magistrate Pratapgarh for proper compliance of
order of Hon’ble Apex Court but till date nothing has been
done. The copy of representation dated 5.04.2018 is being
annexed herewith as Annexure No. 4 to this writ petition.

12. That it is pertinent to mention here that the petitioner again sent
a representations to the District Magistrate and District Excise
Officer Pratapgarh on 9.04.2018 for proper compliance of
Hon’ble Supreme Court’s order and the shop of opposite party
No. 5 may be shifted about 500 meters from national highway.
The copy of representations dated 9.04.2018 is being
collectively annexed herewith as Annexure No. 5 to this writ
petition.
13. That upon the complaint of petitioner the then District Excise
Officer, Pratapgarh wrote a letter to the Chief Revenue Officer,
Pratapgarh in which he mentioned that the direction has already
been given to the licensee for removal of his shop. The copy of
letter dated 19.4.2018 issued by opposite party No. 4 is being
annexed herewith as Annexure No. 6 to this writ petition.

14. That on 22.4.2018 the petitioner moved a complaint to the

District Magistrate Pratapgarh through I.G.R.S. and petitioner
also annexed the copy of letter of opposite party No. 4. The
copy of complaint dated 22.04.2018 is being annexed herewith
as Annexure No. 7 to this writ petition.

15. That when nothing has been done by the opposite party No. 3 &
4 then petitioner again sent a reminders to the Excise
Commissioner, Allahabad Division, Allahabad and District
Magistrate Pratapgarh. The copy of representations dated
26.04.2018 is being collectively annexed herewith as Annexure
No. 8 to this writ petition.

16. That the petitioner moved a complaint through I.G.R.S.

alongwith inquiry report of Executive Engineer, Public Works
Department but till date nothing has been done into the matter.
The copy of complaint dated 27.5.2018 including inquiry report
is being annexed herewith as Annexure No. 9 to this writ
petition.

17. That till date neither the opposite party No. 5 has shifted his
shop not the competent authorities have taken any action
against him.
18. That repeated request made by the petitioners but no action has
been taken by the authorities against the opposite party No. 5.

19. That everyday people are suffering through passing wine shop
of opposite party No. 5 and accidents are regularly happening
but the opposite parties are not caring to take appropriate steps
to above such happening and till date not taking any action
against the opposite party No. 5.

20. That the petitioner including other persons who are long
numbers are running from pillar to post but no adequate step is
taken for furtherance of the removal of wine shop from
National Highway.

21. That the action of the opposite parties are illegal arbitrary
violative of Articles 14, 16 & 21 of the Constitution of India.

22. That having no other equally, efficacious, speedy and

alternative remedy, the petitioner invoke the writ jurisdiction of
the Hon’ble Court under Article 226 of the Constitution of
India on the following amongst other grounds:-

GROUNDS
(a) Because, in view of the fact that the opposite party No. 5
is running his wine shop on national highway as several
persons met with an accident and after taking a wine the
persons is starting fight with each other.

(b) Because, since the opposite party No. 5 is running his

shop at Gopalpur National Highway the atmosphere of
the area will be ruined.
 (c) Because, till date neither the opposite party No. 5 has
shifted his shop not the competent authorities have taken
any action against him.

(d) Because, repeated request made by the petitioners but no

action has been taken by the authorities against the
opposite party No. 5.

(e) Because, everyday people are suffering through passing

wine shop of opposite party No. 5 and accidents are
regularly happening but the opposite parties are not
caring to take appropriate steps to above such happening
and till date not taking any action against the opposite
party No. 5.

(f) Because, the petitioner including other persons who are

long numbers are running from pillar to post but no
adequate step is taken for furtherance of the removal of
wine shop from National Highway.

(g) Because, the action of the opposite parties are illegal

arbitrary violative of Articles 14, 16 & 21 of the
Constitution of India.

PRAYER

Wherefore, it is most respectfully prayed that this Hon’ble Court may

kindly be pleased to:-

(i) Issue a writ, order or direction, in the nature of Mandamus

commanding the opposite parties to remove the wine shop of
 Gopalpur, District Pratapgarh which is adjacent at National
Highway while the Hon’ble Apex Court has pass an order
with the direction that no shop for the sale of liquor shall be
visible from National or State Highway, directly accessible
from a National or State Highway and situated within a
distance of 500 meters of the outer edge of the National or
State Highway or of service lane along the highway.

(ii) Issue a writ, order or direction, in the nature of Mandamus

commanding the opposite party No. 2 & 3 to decide the
representation of the petitioner as contained in Annexure
No. 8 to this writ petition.

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

(iv) Award the cost of the Petition in favor of the petitioner.

LUCKNOW
DATED: ,2022. (NAME )
ADVOCATE
COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. (P.I.L.) OF 2018

Sarvendra Pratap Singh .............. Petitioner.

Versus
State of U.P. & others .............. Opposite Parties.

AFFIDAVIT

I, Sarvendra Pratap Singh, aged about years, son of

Surendra Bahadur Singh, resident of village, District Pratapgarh,
Religion-Hindu, Occupation-Social Worker, Qualification-literate, the
deponent, do hereby solemnly affirm and state on oath as under:-

1. That the deponent is the petitioner himself in the above noted

writ petition and as such he is fully conversant with the facts
and circumstances of the case deposed here under.

2. That the contents of paragraphs

of the accompanying writ petition are true to my
personal knowledge, and contents of paragraphs
are believed to be true on the basis of information received
from records and those of paras believed to be
true on the basis of legal advice.
3. That the Annexure No. 1 to 9 of the accompanying writ petition
are the true/Photostat copies of their respective originals and are
duly compared by the deponent.

LUCKNOW
DATED: , 2018. DEPONENT

VERIFICATION

I, the above named deponent do hereby verify that the contents of

paragraphs 1 to 3 of this affidavit are true to my personal knowledge.
No part of it is false and nothing material has been concealed.
So help me God.

LUCKNOW
DATED: , 2018. DEPONENT

I, identify the deponent on the basis of record produced before me

who has signed before me.

Advocate
Reg. No. U.P.
AOR No. B/
Mobile No.

Solemnly affirmed before me on

At a.m. /p.m. by the deponent, who is identified by
Shri………………….., Advocate, High Court, Lucknow Bench,
Lucknow.
I have satisfied myself by examining the deponent that he
understands the contents of this affidavit, which have been read over
and explained to him by me.
OATH COMMISSIONER

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

 ALLAHABAD, LUCKNOW BENCH, LUCKNOW

C.M. APPLICATION NO. OF 2018

Inre:
WRIT PETITION NO. (P.I.L.) OF 2018

Sarvendra Pratap Singh .............. Petitioner.

Versus
State of U.P. & others .............. Opposite Parties.

APPLICATION FOR INTERIM RELIEF

The applicant/petitioner, named-above, most respectfully begs to
submit as under:-
For the facts, reasons and circumstances as stated in the
accompanying writ petition duly supported by an affidavit, it is most
respectfully prayed that this Hon’ble Court may graciously be pleased
to direct the opposite parties to remove the wine shop of Gopalpur,
District Pratapgarh which is adjacent at National Highway while the
Hon’ble Apex Court has pass an order with the direction that no shop
for the sale of liquor shall be visible from National or State Highway,
directly accessible from a National or State Highway and situated
within a distance of 500 meters of the outer edge of the National or
State Highway or of service lane along the highway, in the interest of
justice.
Any other order or direction which this Hon’ble Court may deem,
fit and proper under the circumstances of the case may also be passed
in favour of the petitioner.
LUCKNOW
DATED: ,2022.
(………………………..)
ADVOCATE
COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
 ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. (P.I.L.) OF 2018

Sarvendra Pratap Singh .............. Petitioner.

Versus
State of U.P. & others .............. Opposite Parties.

LIST OF DATES AND EVENTS

Dates Events
The opposite party No. 5 is a licensee of wine shop of
Gopalpur Market, District Pratapgarh and he open his
shop at National Highway which is dangers to the lives
and safety of persons using the highway, resulting from
the menace of drunken driving.
In view of the fact that the opposite party No. 5 is
running his wine shop on national highway as several
persons met with an accident and after taking a wine the
persons is starting fight with each other.
Since the opposite party No. 5 is running his shop at
Gopalpur National Highway the atmosphere of the area
will be ruined.
02.04.2018 The petitioner sent a representation to the District
Magistrate, Pratapgarh and District Excise Officer,
Pratapgarh.
5.04.2018 The petitioner sent another representation to the District
Magistrate Pratapgarh for proper compliance of order of
Hon’ble Apex Court but till date nothing has been done.
9.4.2018 The petitioner again sent a representations to the
District Magistrate and District Excise Officer
Pratapgarh.
19.4.2018 The then District Excise Officer, Pratapgarh wrote a
letter to the Chief Revenue Officer, Pratapgarh in which
he mentioned that the direction has already been given
 to the licensee for removal of his shop.
22.04.2018 The petitioner moved a complaint to the District
Magistrate Pratapgarh through I.G.R.S. and petitioner
also annexed the copy of letter of opposite party No. 4.
26.4.2018 When nothing has been done by the opposite party No.
3 & 4 then petitioner again sent a reminders to the
Excise Commissioner, Allahabad Division, Allahabad
and District Magistrate Pratapgarh.
27.5.2018 The petitioner moved a complaint through I.G.R.S.
alongwith inquiry report of Executive Engineer, Public
Works Department but till date nothing has been done
into the matter.
Everyday people are suffering through passing wine
shop of opposite party No. 5 and accidents are regularly
happening but the opposite parties are not caring to take
appropriate steps to above such happening and till date
not taking any action against the opposite party No. 5.
Hence this writ petition.

LUCKNOW
DATED: ,2022. (………………………..)
ADVOCATE
COUNSEL FOR THE PETITIONER

CODE NO.
CATEGORY: (P.I.L.)
 DISTRICT: Pratapgarh

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. (M/B) OF 2018

Sarvendra Pratap Singh .............. Petitioner.

Versus
State of U.P. & others .............. Opposite Parties.

INDEX

Sl.No. Particulars Page Nos.

1. List of Dates and Events. Separate

2. Application for Interim Relief. Separate

3. Memo of Writ Petition. 1 to

4. Annexure No. 1
The Photograph of wine shop.

5. Annexure No. 2
The Photostat copy of order passed by
Hon’ble Apex Court.

6. Annexure No. 3
The copy of representation dated
02.04.2018.

7. Annexure No. 4
The copy of representation dated 5.04.2018.

8. Annexure No. 5
The copy of representations dated
9.04.2018.

9. Annexure No. 6
The copy of letter dated 19.4.2018 issued
by opposite party No. 4.

10. Annexure No. 7

The copy of complaint dated 22.04.2018.
11. Annexure No. 8
The copy of representations dated
 26.04.2018.

12. Annexure No. 9

The copy of complaint dated 27.5.2018
including inquiry report.

13. Affidavit in support of writ petition.

14. I.D. proof of the deponent.

15. Vakalatnama/Power.

LUCKNOW
DATED: ,2022. (………………………..)
ADVOCATE
COUNSEL FOR THE PETITIONER
Advocate On Roll No. B/
Mobile No.