AJUDHIA DISTILLERY Vs. LT GOVERNOR

JUDGEMENT

(1.) This petition challenges the grant of licence in form L-IA issued by the Delhi Administration for the year 1984-85 to respondent No. 4. We may note that though the petition had challenged the grant of Licence L-lA. to one other party also namely respondent No. 8 the grievance with regard to that failed at the admission stage. We are therefore concerned only with regard to the validity of the grant made in favour of respondent No. 4.

(2.) The Punjab Excise Act of 1914 as extended to the Union Territory of Delhi deals with the possession, sale amongst others in regard to the intoxicants including liquor. Section 26 provides that no liquor shall be bottled for sale and no intoxicant shall be sold, except under the authority and subject to the terms and conditions of a licence granted in that behalf. Section 35 further provides that subject to the rules made by the Excise Commissioner under the powers conferred by this Act the Collector may grant licences for the sale of any intoxicant within his district. Section 58 of the Act empowers the Lt. Governor to make rules for the purposes of carrying out the provisions of the Act. The said rules have been framed and are known as Delhi Liquor Licence Rules, 1976 (to be called the Rules) which have been amended from time to time.

(3.) This petition relates to the grant of licence L-IA for the year 1984-85 i.e. from. 1-4-1984 to 31-3-1985. Commissioner of Excise Delhi on behalf of the President of India invited tenders for the grant of licence in form L-lA in wholesale for the period 1-5-1984 to 31-3-1985. Tenders were invited from working distilleries/breweries/their authorised agent./L-1 licencees. The last date for receipt of the tenders was 25-4-1984 and they were to be opened on the same day. The terms and conditions for the grant of L-lA licence for this period were also issued. It is not necessary to refer to all the conditions excepting the ones which are relevant for the decision of this petition.. Condition No. 4 reads as under :