DINSHAW FRAMROZ Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a petition under articles 226 and 227 of the Constitution of India for issue of a writ of certiorari quashing the order of the State of Madhya Pradesh, respondent No.1, dated 28 -5 -1958, and of a writ of mandamus to the Deputy Commissioner, Balaghat, respondent No. 2, to issue a license in form F.L. 1 of the Madhya Pradesh Excise Act. 1915, in pursuance of the order of the State of Madhya Pradesh, dated 27 10 1956

(2.) THE petitioners formed a partnership to carry on excise trade in the name of "Dinshaw and Brothers'' and applied to the Minister of Excise. Madhya Pradesh, on 1 -10 -1956 for issue of a license for the sale of foreign liquor in form F. L. 1 of the Madhya Pradesh Excise Act. The application was made for the town of Balaghat which is a wet area The State of Madhya Pradesh by order, dated 27.10.1956 granted the permission in the following terms.

(3.) IT appears that on 15 -11 -1956 one Tej lal Tembhrey, Member of the State Legislative Assembly; moved the Deputy Commissioner, Balaghar to call a meeting of the District Advisory Committee or the District Excise Advisory Committee on the question of opening a foreign liquor shop in the town of Balaghat. it was stated in his letter that the public was displeased with the order of the State of Madhya Pradesh permitting a shop of that kind to be opened in the town. The Deputy Commissioner, Balaghat, accordingly called a meeting of the Excise Advisory Committee which met on 22 November 1956 and unanimously decided that "no license for shops of foreign liquor be granted as it is against the policy of State prohibition". It was represented to us by the Government Advocate during the course of the argument that the State Government had not considered it proper to issue the license in form F.L.I to the petitioners on account of their policy in respect of prohibition As this matter was not clear; we called upon the Government Advocate to show to us any formal decision of the State of Madhya Pradesh in that regard. No such formal order was brought o our notice, but an affidavit was filed by the District Excise Officer, Balaghat, an officer -in -charge of the present case in which it was Stated that the Government were following a policy of not opening a foreign liquor shop at Balaghat and that it was on that account that an application made by one Shri A.M. Naidu for grant of a license for sale of foreign liquor in the town of Balaghat was rejected by the State of Madhya Pradesh The letter that was sent to Shri A.M. Naidu in this connection is reproduced below: