DASARATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution is for an appropriate writ, quashing the Gazette notification, contained in Bihar Gazette Extraordinary dated 11-10-1982 (Annexure2), 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 subclause (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.-

(3.) Mr. Tarakant Jha, Senior Counsel appearing on behalf of the petitioners contended that the restriction imposed by the Government in terms of the impugned notification is arbitrary and unreasonable. If such a restriction is allowed to remain, right of the petitioners to carry on trade and business of deed writing and stamp vending would be frustrated. Therefore, such restriction has to be declared unreasonable, affecting constitutional mandate, as provided under Article 19(1)(g) of the Constitution.