NANDLAL JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS Order shall also dispose of M. P. No. 335 of 1986 (Sugar Agarwal vs. State of M. P. and others) and M. P. No. 785 of 1986 (Messrs doongaji and Co. Ujjain vs. State of M. P. and 9 others ).

(2.) THE challenge made in these petitions, in substance, is to the policy of the state Government contained in the cabinet decision dated 30-12-1984 (Annexure I)for disposal of certain country liquor licences for the period commencing from 1-4-1986. The petitioner's grievance is that by enacting this policy, the State Government has unjustifiably excluded from consideration persons other than respondents 5 to 11 in this petition who are respondents 4 to 10 in Misc. Petition No. 785 of 1986 and one of them is respondent No. 5 in M. P. No. 335 of 1986. In substance, the allegation is that the new policy for grant of country liquor licences covered by it, results in exclusion of the petitioner and others who belong to the same class in addition to creating a monopoly in tavour of these respondents and that too for an unlimited period resulting in hostile discrimination and huge loss of revenue to the public exchequer. This, in short, is the grievance made in these petitions.

(3.) IN reply, it was contended on behalf of the State and the other respondents that the new policy has been reached after due deliberations of high functionaries taking into account the relevant factors and the only thing done is to prefer the existing contractors for grant of permission to construct the new distilleries with an undertaking to grant licence for manufacture and supply of country liquor to them for a period of 5 years only commencing from 1-4-1986 with a provision for annual renewal within this period of 5 years to ensure compliance of all the terms and conditions of the grant and the statutory provisions. It was contended that it is not a case of exclusion of other persons belonging to the same class, but merely of classifying the existing contractors who constitute a distinct class and the classification has rational nexus with the object sought to be achieved so that it is reasonable.