AASHI ENTERPRISES Vs. STATE OF M.P.

JUDGEMENT

(1.) THE present batch of writ petitions, being inter linked and inter connected on the base of a common factual matrix and similar legal issue, was heard analogously and is disposed of by this common order. For the sake of clarity and convenience the facts in W.P. No. 3325/2001 are adumbrated herein.

(2.) THE facts as have been adumbrated in the writ petition are that the petitioner No. 1 is a partnership firm and the petitioners No. 2 is the power of attorney holder of the petitioner No. 1. The State Government has the monopoly in the trade and manufacture and sale of country and India made foreign liquors. It has been selling country made foreign liquor from the shops for quite sometime in the past. In 1999, the Government changed its policy and amended the certain provisions in the M.P. Country Spirit Rules, 1995 (for short 'the Rules'). The licence forms were also amended. It was categorically mentioned in the licence form that along with the country liquor there would be permission to sale foreign liquor from the shops by the licensee.

(3.) IT is noteworthy to state here that during the pendency of the writ petition certain facts were brought to the notice of the petitioner, and he sought permission to amend the writ petition which was allowed. It has been highlighted by the petitioner that the State Government had issued a letter to the Excise Commissioner instructing him to the effect that the State Government had decided that foreign liquor could be sold from the country liquor shops and country liquor could be sold from foreign liquor shops. But the State Government reconsidered the matter and has directed that from the date of issuance of the instructions the said conditions deemed to be set aside and the Excise Commissioner was directed not to act upon any more on the letter dated 16 -7 -2001. The said letter was issued on 20th July 2001 which has been brought on record as Annexure P/12 -A. Consequent upon this letter the Excise Commissioner has issued a letter dated 20 -7 -2001 as contained in Annexure P/12 -B. By the said letter the Excise Commissioner has directed that the sale of liquor from either of the shops would not be available to the individual shop.