DASARATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Articles 226 & 227 of the Constitution is for an appropriate writ, quashing the Gazette notification, contained in Bihar Gazette Extraordinary dated 11-10-1982 (Annexure-2), whereby, the State Government in exercise of its power conferred upon it under Sections 9(1) (a) and 74 (b) of the Indian Stamp Act, hereinafter called as 'the Act' prescribed that functions of "deed writing" and "trade of stamp vending" cannot be performed by the same person.

(2.) The petitioners, who are stamp vendors at the district collectorate, Patna, have alleged that restriction imposed by the impugned notification is arbitrary and unreasonable, affecting their right of profession and trade, guaranteed under Article 19 (1) (g) of the Constitution. Before examining the crucial question whether State Government had competence to issue the impugned notification, restricting the mode and conduct of sale of stamp, in the manner enumerated therein, and whether such a restriction is unreasonable to the right conferred by sub-clause (g), it will be advisable to notice some of the relevant provisions of Sections 9 and 74 of the Act and Article 19 (1) (g) and 19 (6) of the Constitution hereunder: S.9. Power to reduce, remit or compound duties - (1) The Government may by rule or order published in the official Gazette, -

(3.) But as per Clause (6) of Article 19 nothing in sub-clause (g) will prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause.