LAWS(SC)-1992-4-59

GRAM PANCHAYAT PATIALA Vs. STATE OF PUNJAB

Decided On April 20, 1992
GRAM PANCHAYAT,PATIALA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) The petitioner - The Gram Panchayat, Chanarathal Kalan - seeks special leave to appeal to this Court from the order dated 21st March, 1990 of the High Court of Punjab and Haryana in C.W.P. No. 3563 of 1990 dismissing the petitioner's writ petition which in turn challenged the order dated 6th February, 1990 of the Excise and Taxation Commissioner, Punjab. The Commissioner had overruled and set at naught the resolution dated 21 st Sept. 1989 of the petitioner-Gram Panchayat under S. 26 of the Punjab Gram Panchayats Act, 1952 (Act) with the requisite 2/3rd majority directing that intoxicating liquor be not sold in the liquor vend situate in the village Chanarthal Kalan.

(3.) The resolution of the Gram Panchayat took note that the liquor vend was at a distance of 20 yards from the Government High School right opposite to Bus Stand and was just 100 yards away from the Primary Health Centre. Such a resolution, if made after the 1st day of April and before 30th day of September of any year, would under S. 26 be effective from the 1st day of April of the following year and would also be binding on the Excise and Taxation Commissioner. But the proviso to the Section, however, authorises the Commissioner, if he be of the opinion for reasons to be recorded, that within such local area illicit distillation or smuggling of alcohol in the local area has been carried on or connived at, within two years preceding the date of the passing of such resolution, such resolution shall not be binding upon the Commissioner. The Commissioner by his order dated 13-2-1990 exercising powers conferred by the said proviso overruled the said resolution. The Commissioner's order referred to the registration of offences of illicit distillation under three F. I. Rs. which were all long prior to the period of two years prior to the resolution. The Commissioner held: