RADICO KHAITAN LTD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH these writ petitions, filed by the same petitioner, are connected with each other and are being disposed of by this judgment. In writ petition No. 516 of 2006 (M/B), the petitioner has sought writ in the nature of certiorari, quashing the letter -dated 12.04.2006, issued by respondent No. 2 and letter dated 24.04.2006, issued by respondent No. 3, whereby the petitioner, who is the manufacturer of liquor, has been asked to pay bottling fee at the enhanced rate. By means of writ petition No. 620 (M/B) of 2006, the petitioner has challenged vires of two notifications dated 10.05.2006 (Annexure - 12 and 13 to the writ petition), whereby the respondent No. 1 has amended the U.P. Bottling of Foreign Liquor Rules, 1969 (hereinafter referred as Bottling Rules) and U.P. Establishment of Manufactory Rules, 1997 (hereinafter referred as Manufactory Rules), as applicable in Uttaranchal.

(2.) WE heard learned counsel for the parties.

(3.) BRIEF facts, as narrated in the writ petition, are that Petitioner Company is engaged in the manufacture of potable, industrial alcohol, denatured spirit etc. having its registered office at Bareilly Road, Rampur. The petitioner company has set up various bottling units in various states for manufacture of Indian made foreign liquor brands. One of such unit was set up in the year 2004 -05 in Sultanpur Patti, Bazpur, District Udham Singh Nagar (Uttaranchal). Bottling Rules and Manufactory Rules, as existed on the date of creation of State of Uttaranchal, are applicable to the new State subject to the modifications made by the successor state. The petitioner obtained the license under the aforesaid rules from the concerned authorities in the new State. Copies of licenses FL3 under Bottling Rules and FLM 3 under Manufactory Rules, for the aforesaid year, are annexed as Annexure 3 and 4 to the writ petitions.