Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mandamus Liquor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Liquor - Application for licence for setting up distillery unit - Non-consideration of - After intervention of the Court, application considered and then rejected by competent authority - Courts below quashed the rejection order directing grant of the licence - On appeal, held: Courts below wrongly directed grant of distillery licence by issuing writ of mandamus - Grant of the same was within the discretionary power of the competent authority - Court should not have interfered with the same, unless the applicant established a better claim over others, which the applicant failed - Abkari Act - s. 14 - Foreign Liquor (Compounding, Blending, Bottling) Rules, 1975 - r.4. Constitution of India, 1950 - Art.19(1)(g) and Art.47 - Fundamental right to trade or business in liquor - Held: In view of the directive principles provided under Art.47, State has exclusive right or privilege in respect of portable liquor - A citizen has, therefore, no right to trade or business in liquor as a beverage and the activities, which are res extra commercium. Writ - Mandamus - A Writ of Mandamus can be issued only when a legal right is established against an authority who has legal duty emanating in discharge of public duty or operation of law - Court to issue the writ of mandamus keeping in mind the legislative scheme, its object and purpose, the subject matter, the evil sought to be remedied, State's exclusive privilege etc.Administrative Law: Policy decision - Liquor policy of State - Judicial review of - Held: Monopoly in the trade of liquor is with the State - State has the power to frame and reframe, change and rechange, adjust and readjust its policy, which cannot be declared as illegal or arbitrary by the Court on the ground that earlier Policy was better - Judicial Review. Statutory discretion - Exercise of - Exercise of the discretion must be based on reasonable grounds and cannot lapse into the arbitrariness or caprice anathema to the rule of law envisaged under Art.14 of the Constitution - However, the onus to prove the discrimination is on the complainant - Abkari Act - s.14 - Foreign Liquor (Compounding Blending, Bottling) Rules, 1975 - r.4. - Constitution of India, 1950 - Art. 14 - Evidence Act, 1872 - s.10 - Onus to prove. Judicial review - Of discretionary decision - Court cannot impede the exercise of discretion of an authority acting under the Statute by issuing writ of Mandamus - Writ - Writ of mandamus. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 119 |
Petitioner | State Of Kerala And Others |
Respondent | Kandath Distilleries |
SCR | [2013] 4 S.C.R. 1053 |
Judgement Date | 2013-02-22 |
Case Number | 1642 |
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