GAYAPRASAD Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) THIS is a petition filed by the petitioner, who claims to be carrying on the business of an Excise Contractor in the territory of Madhya Pradesh.

(2.) IN this petition, the petitioner has challenged a notification fixing the programme of an auction of licence for the sale of country liquor in the Indore district. This programme was published in daily newspapers of 17th November 1971. It is alleged in the petition that this auction was to take place on 31st January 1972 and 1st February 1972.

(3.) ACCORDING to the petitioner, there are nine shops for the sale of country liquor in the city itself, and ten in the area surrounding Indore City. It is contended that since 1964 these shops have been collectively auctioned, and this method of collectively auctioning the shops creates monopoly in the business. The petitioner contended that by this process his fundamental right is affected. He contended that in the notification it was made clear that auction may be done separately or in groups. According to the petitioner, auction of the shops in groups is not justified under the provisions of the madhya Pradesh Excise Act, 1915 (hereinafter called the Act ). After the filing of this petition, the auction has taken place and it appears that these shops have been collectively auctioned.