OMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In all these appeals challenge is to the judgment of the Rajasthan High Court at Jodhpur dismissing the writ petitions filed under Articles 226 and 227 of the Constitution of India, 1950 (in short the Constitution). Challenge in the writ petitions was to the vires of certain provision of the Rajasthan Excise Act, 1950 (in short the Act). Essentially the prayers were as follows :

(2.) The contentions raised on behalf of the appellant in the writ petitions challeng ing the vires of the provisions were founded on the following allegations :

(3.) The respondent-State prayed for dismissal of the writ petition on the ground that the Act was within the legislative competence of the State Government under Item 8 read with Items 64 and 65 of List II of the 7th Schedule of the Constitution and is a special Act dealing with right of the State to regulate production, transfer, stor age, possession and sale of liquor or intoxicating drugs.