GRAM PANCHAYAT OON Vs. EXCISE AND TAXATION COMMISSIONER

JUDGEMENT

(1.) The Gram Panchayat Oon, Tehsil Dadri, District Bhiwani, has sought a writ of mandamus against the Excise and Taxation Commissioner, respondent No. 1, and others commanding them to give effect to the resolution Exhibit P.1 adopted by the petitioner-Panchayat on 6-3-1974 and reiterated in another resolution dated 20.3-1974 enforcing prohibition in the area within its jurisdiction in terms of sub-section (1) of Section 26 of the Gram Panchayat Act, 1952, hereinafter referred to as the Panchayat Act.

(2.) The petitioner has alleged that by virtue of the provisions of sub-section (2) of Section 26 of the Panchayat Act the said resolutions became effective from 1-4-1974.

(3.) In the return filed on behalf of respondent Nos. 1 to 3 the adoption of these resolutions by the petitioner-Panchayat on the date abovesaid is not disputed, though regarding the receipt thereof by respondent Nos. 1 and 3 a different version is put forward. The respondents in the return have also not denied the allegation that the order annexure R. I passed by respondent No. 1 ignoring the resolutions abovesaid of the petitioner-Panchayat had been passed without giving any opportunity of hearing to the petitioner-Panchayat, but it has been maintained therein that no such opportunity in law need have been afforded. It has been further maintained by the respondents in their return that the resolutions in question could become operative only from 1-4-1975 and not from 1-4-1974 and further that even if these were held to have come into operation from 1-4-1974, the same stood ignored by respondent No. 1 by virtue of the powers vested in him and thus rendered ineffective and inoperative. Lastly, it was pleaded therein that the liquor-vend having been auctioned to respondent No. 4, before the passing of the resolutions in question, on 27-2-1974, it would not be in the interest of justice to give effect to them.