BHARTIYA YUVA SHAKTI KALYANAM SAMITI THRU. MEMBER MURTAZA ALI Vs. STATE OF U.P. THRU. CHIEF SECY. AND ORS.

JUDGEMENT

(1.) Heard Shri Rakesh Pathak, learned counsel for the petitioner and Shri H.P. Srivastava, learned Addl. Chief Standing Counsel for the respondents.

(2.) This public interest litigation has been filed praying for a direction that the State should be restrained from permitting sale of liquor and its consumption to the citizens of this State which in effect amounts to a prohibition and consequently, if the State has failed to live up to the ideals of Art. - 47 of the Directive Principles of State Policy then the Court should intervene and issue directions in the exercise of extraordinary jurisdiction under Art. 226 of the Constitution of India.

(3.) Learned Addl. Chief Standing Counsel submits that this Court in the exercise of jurisdiction under Art. - 226 of the Constitution of India can proceed to adjudicate a lis arising out of violation of any fundamental rights but when it comes to enforcement of the policies that are enshrined under Chapter - IV of the Constitution of India then the same should be left to the hands of the government instead of framing any such policy or issuing any such direction in this regard under Art. - 226 of the Constitution of India.