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Allahabad High Court

LIYAKAT ALIversusSTATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LUCKNOW AND 5 OTHERS

Decided
Disposal
Disposed off/Decided on merits

Holding

The petition is dismissed as the licence had expired and no counsel was present to argue the case.

Summary

The petitioner, Liyakat Ali, filed a writ petition challenging the closure of his meat shop, alleging that the local police were not interfering with the business despite community protests. The respondents informed the Court that the shop's licence had expired on 15 October 2024 and no renewal had been proved. The petitioner’s counsel was absent and the petition did not contain any averment or evidence of licence renewal. The Court noted the lack of representation and the absence of any proof that the licence was extended beyond its expiry. Consequently, the Court disposed of the petition without further orders.

Issues considered

  • Whether the writ petition can be entertained in the absence of proof of licence renewal and counsel for the petitioner.

Subjects

  • writ petition
  • licence renewal
  • meat shop
  • procedural default
  • absence of counsel
  • High Court

Judgment

                                                       Neutral Citation No. - 2024:AHC-LKO:72574-DB

                                         Court No. - 2
                                         Case :- WRIT - C No. - 8294 of 2024
                                         Petitioner :- Liyakat Ali
                                         Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt.,
                                         Lucknow And 5 Others
                                         Counsel for Petitioner :- Dileep Kumar Yadav
                                         Counsel for Respondent :- C.S.C.

                                         Hon'ble Rajan Roy,J.
                                         Hon'ble Brij Raj Singh,J.

                                         1. Case called out. Learned counsel for the petitioner is not
                                         present.

                                         2. In response to our order dated 17.10.2024, Ms. Akanksha
                                         Dubey, learned Standing Counsel for the respondents has
                                         instructions from the local police to inform the Court that there
                                         is some protest on the running of the meat shop by the local
                                         population as the population of the area is mixed but the police
                                         is not interfering in closing/running of the business by the
                                         petitioner. However, at this stage, she says that the license was
                                         valid only till 15.10.2024, which period has expired.

                                         3. Petitioner's counsel is not present.

                                         4. The writ petition does not contain any averment or any proof
                                         that the license has been renewed and extended for any period
                                         after 15.10.2024 days. Therefore, this petition is disposed of
                                         without any further orders specially as the counsel is not present
                                         to press the petition.

                                         Order Date :- 25.10.2024
                                         Pks

                                                                 [Brij Raj Singh,J.]     [Rajan Roy, J.]




Digitally signed by :-
POOJA SETH
High Court of Judicature at Allahabad,
Lucknow Bench


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