GOVERNMENT OF A P Vs. A HANUMANTHA RAO

JUDGEMENT

(1.) The manufacturing or of supplying by wholesale or of both or of selling by wholesale or by retail, any liquor in the State of Andhra Pradesh is governed by Andhra Pradesh Excise Act, 1968 (for short 'the Act'), and the grant of licences for the import, export, transport and sale of Indian liquors, and foreign liquors is regulated by the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 (for short 'the ILFL Rules'). The Government of Andhra Pradesh has been taking policy decisions from time to time enunciating liquor policy of the State every year. Section 17 of the Act provides that the Government may grant a licence for a fixed period subject to such conditions as they may deem fit to impose to any person at any place a lease or licence, or both for the exclusive privilege of manufacturing or of supplying by wholesale or of both; or by selling by wholesale or by retail; or by manufacturing or of supplying by wholesale or of both and of selling by retail, any liquor or other intoxicants within any such area in the State as may be specified in the said order,

(2.) On 7th February, 2005, the Government of Andhra Pradesh enunciated its Excise (IML) Policy for the year 2005- 2006, making certain minimal changes in the matter of grant of IL-24 (retail off licences) in the State of Andhra Pradesh. The Preamble to the policy reads:

(3.) Before we proceed to examine the challenge to the Excise Policy of the Andhra Pradesh State Government, we may first refer in short to the previous practice of granting liquor licences.