SHYAM KISHORE KAPUR Vs. LICENSING BOARD EXCISE

JUDGEMENT

(1.) The petitioners obtained, a licence under an auction held in the year 1956 for the year 1956-57, the period beginning from the 1-4-1956 to the 31-3-1957. The highest bid of the petitioners was for Rs. 72,0007- for the four shops to be run within the municipal limits of Allahabad. The rival bidder was one L. Shiv Dayal Jaiswal. The right for selling opium in retail within the municipal limits of Allahabad used to be given away by public auction to the highest bidder by the District Magistrate under the provisions of the Excise Act, In February 1957 it was given out by the Excise authorises that in future there will be no auction for giving licence for selling the opium in retail. A new system was to be introduced which was known! as Surcharge system and the applications for purpose of obtaining licence were to be made to the Excise Licensing Board for Allahabad City. The petitioners thereafter applied to the Licensing Board and L. Shiv Dayal Jaiswal also made a similar application. The Licensing Board considered the various applications on the 21-3-1957 and it was given out to the petitioners that, the names of L. Shiv Dayal Jaiswal for Rani Mandi shop and one Sri Sita Bam of Katra for Katra shop had been approved for the grant of opium ' licence: On the 23-3-1057 the petitioners then made an application to the District Magistrate praying that the petitioners be allowed an opportunity to represent their case before, him through their counsel. On the 26-3-1957 another detailed application was made to the District Magistrate on behalf of the petitioners for an opportunity to be given to represent the correct facts. On the 28-3-1957 another application addressed to the Chairman, Licensing Board, was made by the petitioners and the matter, to the knowledge of the petitioners was again considered by the Licensing Board on the 29-3-1957. On these facts the present petition has been filed under Article 226 of the Constitution for the following reliefs:--

(2.) This petition was filed on the 1-4-1957. Notice was issued and an order was made that a date for hearing be fixed within three weeks. Originally the Licensing Board through its Chairman and the Collector were impleaded as opposite parties but thereafter an application was, made on behalf of Shiv Dayal Jaiswal for being impleaded as an opposite party. His application was allowed and it was directed that he be impleaded as an opposite party. Another application was filed on behalf of Sita Ram through Sri Gajadhar Prasad Bhargava for being impleaded as a party. He was. however, permitted to oppose the petition.

(3.) The main contention raised by the petitioners in the present patition is that the constitution of the Licensing Board was not proper and consequently the entire proceedings held on . the 21-3-1957 and the 29-3-1957 were illigal and must be quashed. It is conceded that in these proceedings the petitioners are not entitled to any grant of licence to them. The only relief which the petitioners are entitled to claim is the quashing of the proceedings of the 21-3-1957 and the 28-3-1957.