Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Allotment of Country/Foreign liquor shops Subordinate Legislation Jurisdiction/Power of High Court to deal PIL Chhatisgarh Excise Act 1915 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Chhatisgarh Excise Act, 1915; Ss. 7(e), 62 and 63/Chhatisgarh Excise Settlement of Licences for Retail Sale of Country/foreign Liquor Rules, 2002; Rules 4, 8, 9, 10, 11, 13 and 23/Constitution of India, 1950; Entries 8 and 51 of List-II of the Seventh Schedule. Allotment of Country/Foreign liquor shops-Applications for grant of licence-Licence granted without proper scrutiny of the applications-Procedural requirements in terms of Rule 9-Mandatory or directory-Held: 1915 Act is regulatory in nature-Before a licence is granted, applicant must satisfy the eligibility requirements-An affidavit is required to be filed disclosing all the requisite information to enable the authorities to verify the same Authorities could even cancel the licence on ground of non filing of affidavit-Thus, requirement of filing of such affidavit is mandatory-Authorities are not empowered to dispense with the statutory requirement of filing of an affidavit-Some of the candidates did not fulfil the statutory requirements, even then licences were granted to them-Hence, the entire exercise of scrutiny as regards ascertainment of eligibility vis-a-vis selection processes required to be undertaken by the selection committee afresh-However, candidates already selected could carry on the trade in liquor in terms of the directions-Directions issued Jurisdiction/Power of High Court to deal Public Interest Litigation. Discussed Administrative Law-Subordinate Legislation: Amendment in the Rules by the States in exercise of its rules making power-Held: State is not empowered to amend the Rules in order to justify the illegal order on the part of the authorities. The State Government of Chhatisgarh had invited applications for grant of licences for Country/Foreign liquor shops under the provisions of Chhatisgarh Excise Act and Rules made thereunder. A large number of applications were received and selection process began. In the meantime, some of the candidates challenged the selection process on the ground that the selection process was vitiated as affidavit was not filed by the applicants which was a mandatory requirement under the Rules; and that the selection was made by drawing a lot through the computer and not manually. The High Court held that the State was entitled to make use of computer in the selection process; and that since the selection committee did not make any scrutiny as regards eligibility conditions/requirement of filing of affidavit in terms of the Rules, a fresh selection be made in terms of the extant rules. Hence the present appeals. Disposing of the appeals, the Court. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 277 |
Petitioner | Ashok Lanka And Anr. |
Respondent | Rishi Dixit And Ors. |
SCR | [2005] Supp. (1) S.C.R. 299 |
Judgement Date | 2005-05-11 |
Case Number | 3279 |
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