RAJENDRA PRASAD Vs. STATE OF BIHAR THROUGH THE SECRETARY TO THE STATE GOVERNMENT-CUM- EXCISE COMMISSIONER, BIHAR, PATNA

JUDGEMENT

(1.) HEARD learned counsel for both the sides.

(2.) THE petitioner in C.W.J.C. No. 3472 of 2009 is a licensee of a retail liquor shop in the district of Madhubani for the financial year 2008 -09. The petitioner in C.W.J.C. No. 3473 of 2009 is licensee of a liquor shop in the district of Sitamarhi for the financial year 2008 -09. The petitioners have approached this Court for declaring Rule 7(2) of the Bihar Excise (Settlement of Licenses for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/Beer & Composite Liquor Shop) Rules, 2007 (hereinafter to be referred to as "the Rules") as ultra vires the Bihar and Orissa Excise Act, 1915 and Article 14 of the Constitution of Indias, inasmuch as the aforesaid Rules enables the respondents to settle liquor shops in less than 15 days from the date of issuance of a sale notification inviting applications for settlement of liquor shops. The petitioners got their respective licences to conduct their respective shops in the respective districts till 31.3.2009.

(3.) BY the middle of February 2009, recently a notice was issued for awarding fresh settlement of the retail liquor shops in the entire State of Bihar and the date of settlement was fixed in between 14.3.2009 to 23.3.2009, but the above date was kept in abeyance, as election of Lok Sabha was announced. On 16.3.2009 the Election Commissioner allowed to proceed with the settlement and thereafter the Excise Commissioner issued notice and directed the Collectors of the concerned districts to proceed with the settlement of the liquor shops on the dates as provided in the notice. The schedule dates were provided in the aforesaid notice for settlement of retail liquor shops in between 26.3.2009 to 29.3.2009. The aforesaid notice has been annexed as Annexure -6 to the writ applications.