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 12-4-2006, issued by respondent No. 2 and letter dated 24-4-2006, 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 10-5-2006 (Annexures-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.) WHILE the Writ Petition No. 516 (M/b) of 2006 was pending, the respondent No. 1 amended the Bottling Rules and the Manufactory Rules, vide two notifications dated 10-5-2006, as contained in Annexures-12 and 13 to the Writ Petition No. 620 of 2006 (M/b ). In the subsequent writ petition, i. e. 620 of 2006 (M/b), vide Annexure-12, Rule 2 (1) (a) and Rule 2 (2) of Bottling Rules were amended. It is provided that apart from distiller, brewer and vintner, bottling licence may be granted to holders of licence FLM 3 to bottle spirits, in form FL 3b. It is further provided in the amended rules that holders of FL-3b would be required to pay same rate of bottling fee. as payable at the enhanced rate by FL 3a. By amendment in Manufactory Rules, Rule 3 (6) and Rule 8 of the Manufactory Rules were amended. In Rule 8, now it is provided that manufactory shall be granted licence FL 3b instead of FL 3a to bottle the manufactured Indian made foreign liquor and the licensee shall be liable to pay bottling fee as under : (i) Bottles of 750 ml - Rs. 4. 50 per bottle. (ii) Bottles of 375 ml - Rs. 2. 25 per bottle. (iii) Bottles of 180 ml - Rs. 1. 15 per bottle.