ZIYAUL HAQUE Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner is an excise licensee under the Bihar and Orissa Excise Act (2 of 1915) (hereinafter referred to as the Act) and operates his business in country liquor within the district of Mayurbhanj. He was granted licence in form O.S. 1 by the Collector of Mayurbhanj for the year beginning with 1 -4 -1971 and ending on 31 -3 -1972. In this application the Petitioner challenges the vires of Sections 22 and 29 of the Act on the ground that those are ultra vires the Constitution. He has Claimed for a declaration that the monthly consideration money paid by him is not due to the State and, therefore, has asked for a direction for refund of the amount to him.

(2.) THE impugned sections of the Act are as follows: