MODI DISTILLERY Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) By this judgment I.propose to dispose of CS(OS) No. 2716A/1993 and LA. No. 7365/1995. There is no dispute to the dates and events in this matter. The parties are at variance only on the construction to be put thereon.

(2.) It appears that M/s. Modi Distillery was awarded a contract for supply of country liquor to the Delhi Administration for the year 1986-87 under licences issued to it in Form L-9 and CLW-1. It was also a licensee for the preceding year 1985-86. The petitioner has pointed out that such licences were awarded pursuant to exercise of the statutory powers under the Delhi Excise Act and the rules and regulations framed thereunder. The general and special condition for the supply stipulated that the statutory rules and regulations would govern the supplies made by the licensees.

(3.) There is no dispute that the power to vary the supply of the liquor was statutorily vested in the Lt. Governor and the Commissioner (Excise) under the provisions of the Delhi Excise Act. The licence was awarded to the petitioner on the 10th December, 1986 which inter alia contained the following stipulations:-