JAGATJIT INDUSTRIES LIMITED Vs. LT GOVERNOR

JUDGEMENT

(1.) These are five writ petitions preferred by M/s. Jagarjit Industries Ltd. (No-1683/88), M/s. Jupiter Distilleries & Anr. (1642/88), M/s. Shaw Wallace & Co. Ltd. & Others (2319/88), M/s. Ajudhia Distillery (1409/88), M/s. Devans Modem Breweries Ltd. (No. 1462/88). Through the above said writ petitions the petitioners want this Court to quash and set aside the order dated 1.7.1988 passed by the Excise Commissioner, Delhi whereby the maximum price for the wholesale supply of liquor to the Union Territory of Delhi was fixed. They further want that sub rules 17-A, 17-B, 17-C, of Rule 33 of Delhi Liquor Licence Rules of 1976 be declared as illegal and invalied and ultra vires Articles 14 and 19 of the Constitution of India. They have also prayed for issue of a direction of the respondents to pay to the petitioners the difference between the prices actually paid as per the impugned order adverted to bove and the prices as claimed by the petitioners. They also claim that clause 4(c) of the Public Notice No.V of 1988-89, dated 5.4.1988 be set aside.

(2.) All the above petitions are being taken up together for disposal as the common questions of law and facts are likely to arise while disposing them of.

(3.) We would like to refer to the facts of the Civil Writ petition No. 1683/88 - M/s. Jagatjit Industries Ltd. vs. Excise Commissioner of Delhi only, as the said petition is a typical of the petitions filed before this Court, in order to fully and properly appreciate the points in controversy in between the parties.