STATE OF ASSAM GOLAP CHANDRA NEOG KHAN DEONARAYAN SINGH HARIDAYANANDA KAKATI RAHOT CHANDRA RAJKHOWA Vs. SRISTIKARDOWERAH:SRISTIKAR DOWERAH:RAFIQUAL PETITIAIN:TULESWAR SAIKIA:RAHOT CHANDRA BURGAHAIN:SUKHRAM KOIRI

JUDGEMENT

(1.) This judgment will dispose of the above noted 18 several Civil Appeals filed in this Court on certificates of fitness granted by the High Court of Assam under Art. 132 of the Constitution of India. The appeals Nos. 346, 347, 343, 349 and 359 are directed against the judgment of the said High Court passed on 23rd May 1956, in Civil Rules Nos. 26,31,32 and 33 of 1956 issued by the said High Court on several petitions filed under Art 226 of the Constitution. The rest of the appeals arise out of nine other Civil Rules issued in nine other similar writ applications, which were disposed of by the judgment pronounced by the said High Court on 12th, June 1956, which simply followed its previous judgment dated 23rd May 1956. Each of these appeals raises the question of the vires of S.3(3) of the Assam Revenue Tribunal (Transfer of Powers) Act, 1948 (Assam Act No. 4 of 1948) which is hereinafter referred to as 'the 1948 Act' and of the validity of the Notification No. Rex. 184/52/39 issued by the Governor of Assam on 5th July 1955, in exercise of powers conferred on him by sub.-s (3) of S.3 of the said Act appointing the Commissioner of Hills Division and Appeals as the appellate authority under the 1948 Act. All the appeals were accordingly heard together.

(2.) In order to correctly appreciate the question raised before us, it is necessary at this stage to refer to certain relevant statutory provisions and rules. In 1910 was passed the Easetern Bengal and Assam Excise Act, 1910 (E.B. and Assam Act 1 of 1910) which is hereinafter called 'the 1910 Act'. It is an Act to consolidate and amend the low inforce in Eastern Bengal and Assam relating to the import, export, transport, manufacture, sale and possession of intoxicant liquor and intoxicant drugs. Sub-section (2) of S.3 as amended and adapted, defines 'Board' as meaning the Provincial Government of Assam. Chapter II of the Act deals with establishments and control. Section 8 makes provision for the appointment of officers and the conferment, withdrawal and delegation of powers on them. Section 9 of the Act which is of importance was as follows :-

(3.) In exercise of the powers conferred on it by S. 36 the Provincial Government of Assam have made elaborate rules. Part IV of the rules deals with licenses, settlements and fees, duration and number of licenses, location of shops, ascertainment of local public opinion, the procedure for settlement, prohibition on grant of retail license to certain persons, grant of license and so on and so forth. A perusal of the Act and rules will make it clear that no person has any absolute right to sell liquor and that the purpose of the Act and the rules is to control and restrict the consumption of intoxicating liquors, such control and restriction being obviously necessary for the preservation of public health and morals, and to raise revenue.