RAMESH LAL SHAH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Writ Petition No. 292 of 2006 (M/B), Writ Petition No. 293 of 2006(M/B), Writ Petition No. 295 of 2006 (M/B), Writ Petition No. 306 of 2006 (M/B), Writ Petition No. 307 of 2006 (M/B), Writ Petition No. 363 of 2006 (M/B), Writ Petition No. 327 of 2006 (M/B), Writ Petition No. 427 of 2006 (M/B), Writ Petition No. 428 of 2006 (M/B), Writ Petition No. 429 of 2006 (M/B), Writ Petition No. 430 of 2006 (M/B), Writ Petition No. 431 of 2006 (M/B), Writ Petition No. 432 of 2006 (M/B), Writ Petition No. 433 of 2006 (M/B), Writ Petition No. 435 of 2006 (M/B), Writ Petition No. 436 of 2006 (M/B), Writ Petition No. 437 of 2006 (M/B), Writ Petition No. 438 of 2006 (M/B), Writ Petition No. 439 of 2006 (M/B), Writ Petition No. 440 of 2006 (M/B), Writ Petition No. 441 of 2006 (M/B), Writ Petition No. 442 of 2006 (M/B), Writ Petition No. 443 of 2006 (M/B) also.

(2.) THE matter relates to settlement of licenses for retail shops of foreign liquor and country liquor in the State of Uttaranchal for the Excise Year 2006 -07.

(3.) THE petitioners in these writ petitions are the applicants for the licenses for country liquor shops/foreign liquor shops. The petitioners case is that in response to the Advertisement dated 06.03.2006 inviting applications, the petitioners submitted their applications with the requisite information and the bank drafts for the requisite amount well before the last date. On 18.03.2006, Secretary, Excise Department, State of Uttaranchal issued an order directing that the applications having bank drafts issued before 04.03.2006 shall stand rejected. By this order, such applicants were granted further time for submitting fresh applications with bank drafts issued after 04.03.2006. On 21.03.2006, another order was issued by Secretary, Excise Department, State of Uttaranchal reiterating that the applications with bank drafts issued before 04.03.2006 shall stand rejected and withdrawing that part of the order of 18.03.2006 which permitted the applicants to apply afresh with fresh bank drafts issued after 04.03.2006. By impugning the orders dated 18.03.2006 and 21.03.2006, the petitioners in these writ petitions are seeking quashing of these orders on the grounds that these orders are irrational and arbitrary and also bad in law, as the action of the State Government in rejecting the petitioners applications on the ground that the bank drafts with these applications were issued before 04.03.2006 amounts to changing the rules of the game after the game had begun. The petitioners, therefore, have claimed that the orders dated 18.03.2006 and 21.03.2006 are violative of Article 14 of the Constitution of India and are, therefore, liable to be quashed.