GRAM PANCHAYATKUNDLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Gram Panchayat, Kundli Tahsil and district Sonepat, and its Sarpanch have come to this Court under Art. 226 of the Constitution of India seeking a writ of mandamus for stopping the sale of intoxicating liquor at any licensed shop within the local area of the Gram Panchayat.

(2.) In March, 1980, two liquor vends within the Panchayat are of village Kundli were auctioned by the State of Haryana which started functioning on 1st April, 1980. The Gram Panchayat of Kundli passed a unanimous resolution dated 3rd April, 1980 (annexure P-1) to the effect that the Government has caused harm to the rights of the Panchayat as also the residents of the village by opening the liquor vends. It was mentioned in the resolution that near the village there was factory area and the workers after taking liquor create nuisance and quarrel on the road side and create lawlessness which affects the students besides the residents of the village. By the resolution, the opening of the vends was opposed and it was decided to request the Government to close the same immediately. In nutshell, the resolution was that the Panchayat did not want any liquor vend within the Panchayat area. Copies of this resolution were sent by the Gram Panchayat, through their Advocate Shri J. S. Malik, by registered A. D. Post, along with a forwarding letter dated 30th April, 1980, to the following four authorities:-

(3.) The Haryana Legislature made amendment in sub-sections (1) and (2) of S. 26 of the principal Act by the Haryana Act 8 of 1980, which was published in the Government Gazette on 11th April, 1980. The amended sub-sections (1) and (2) are as under:-