UGAR SUGAR WORKS LIMITED Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) -Whether impugned notification issued by Respondent No. 2 laying down terms and conditions for registration of different brands of Indian Made Foreign Liquor (IMFL) for supply within the territory of Delhi during 2000-2001 and laying down Minimum Sales Figures (MSF), as a criteria of eligibility for grant of licence in form L-1, is violative of Articles 14, 16 and 19 (1) (g) of the Constitution, is the short question raised in this Writ Petition filed under Article 32 of the Constitution.

(2.) The petitioner is a company incorporated under the Companies Act, 1956 having its registered office in Sangli, Maharashtra. It is engaged in the business of manufacture of IMFL and holds L-1 licence for supply of its verious brands of liquor for vending within the territory of Delhi.

(3.) The trade and business of liquor in National capital Territory of Delhi is governed by Punjab Excise Act, 1914 (hereinafter referred to as 'the Act') and the grant of licence for vending liquor is regulated by Delhi Liquor Licence Rules 1976 (hereinafter "the Rules"). Respondent No. 1 Delhi Administration in exercise of its powers under S. 5 of the Act has been taking policy decisions from time to time and issuing notifications dealing with Registration of Brands and Eligibility of Brands of IMFL for its sale in the National Capital Territory of Delhi. The eligibility for grant of licence L-1, which enables the supplier to supply his brands of IMFL in Delhi, is regulated by those policy decisions and includes compliance with specific MSF requirements for a particular year. According to the petitioner, the policy of Delhi Government pursuant to which impugned notification, laying down MSF criteria for the year 2000-2001 has been issued, is arbitrary and discriminatory as against small scale manufacturers and has no nexus with the object of providing of good quality for consumption within the territory of Delhi and is as such violative of Arts. 14, 16 and 19 (1) (g) of the Constitution and, thus, liable to be declared invalid and unconstitutional.