STAMP VENDERS ASSOCN Vs. STATE OF U P

JUDGEMENT

(1.) WHETHER the proviso added to Rule 156 of U. P. Stamp Rules, 1942 (hereinafter referred to as the Rules) ultravires Articles 19 (1) (g) and 21 of the Constitution of India is the solitary question which requires our adjudication in this writ petition filed by the Stamp Vendors Association, Varansai with two prayers (i) to quash the proviso added to Rule 156 aforesaid and (ii) to command the Respondents to allow the stamp vendors to sell stamp papers of any denomination available in the Treasury within the limits of their licence.

(2.) RULE 156 of the RULEs before the impugned amendment read as follows:- "sale of stamps to non-official vendors weekly.- Licensed vendors shall be allowed to purchase stamps from the local or branch depot ordinarily once a week equal to their estimated demand for one week, based on the average sales of the last few weeks. If after a weekly purchase, the sales of any vendor have been heavy and his stock have run short within the week, he shall be allowed to purchase on any other day of the week when the treasury is open, equal to the probable consumption for the remaining part of the week. " 2. 1. By the impugned amendment at the end of this RULE following proviso has been added:- "provided that a stamp paper exceeding the value of two thousand rupees shall not be supplied to the licensed vendor. "

(3.) A Rejoinder Affidavit has also been filed reiterating the correctness of some of the statements made in the writ petition repeating that the impugned amendment is absolutely illegal, unwarranted and unjustified and thus the writ petition be allowed with cost. The Submissions:-