SANMUKH D MAKHIJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a group of 11 petitions filed by the liquor vendors under Article 226 of the Constitution challenging the increase in the licence fees by the Government with effect from July 1, 1981. The petitioners have been granted these licences under the Bombay Prohibition Act, 1949 read with the relevant Rules.

(2.) The facts which are relevant for our purpose in all these petitions are more or less similar. Writ Petition No. 214 of 1982 was argued as a representative petition.

(3.) In Writ Petition No. 214 of 1982 the petitioner is a holder of C.L. III Licence which has been issued to him under the provisions of the Bombay Prohibition Act, 1949 (hereinafter referred to as the Act) read with Rule (1) of the Maharashtra Country Liquor Rules, 1973. Licence has been issued in his favour for retail sale of country liquor on the terms and conditions mentioned in the licence. This licence has been held by the petitioner for the last several years and is renewed from time to time and has thus been valid and subsisting upto March 31, 1982. At the commencement of the financial year 1981-82 the petitioners licence was renewed for a period of 3 months upto June 30, 1981. This licence was again renewed for the remainder of the year i.e. for the period ending March 31, 1982 on the petitioners executing a bond in favour of the government. It appears that the licensing authority, viz. the collector, was directed to renew the licence only on execution of the bond by the licence-holder in the proforma sent to the Collector. At the time of the execution of the bond licence fee fixed for issue of C.L. III licence was Rs. 1500/-. In the year 1973 the Government charged Rs. 1000/- as permit fees or licence fees for the issue of the said licence. However, it appears that thereafter in the year 1978 the quantum of fees were increased from Rs. 1000/- to Rs. 1500/-.