LAKSHMI NARAIN AND OTHERS versus DISTRICT EXCISE OFFICER, FATEHPUR & ORS .

LAKSHMI NARAIN AND OTHERS versus DISTRICT EXCISE OFFICER, FATEHPUR & ORS .

As Rule 13B is in pari materia with Rule 37 of Punjab Liquor Licence Rules 1956 and conditions regarding closure were known and reasonable at auction, petitioners cannot challenge the rule's constitutionality under Article 32.

Parties
Petitioner: Lakshmi Narain and Others; Respondent: District Excise Officer, Fatehpur & Ors.
Jurisdiction
India
Judgment Date
16 August 1978
Procedural Posture
Writ Petition / Final Judgment
Outcome
writ petitions dismissed
Legal Topics
Rule Making Power, Liquor Licence, Closure of Licensed Premises, Auction Conditions, Challenge to Rule Validity
Constitutional Law Excise Law Rule Making Power Liquor Licence Closure of Licensed Premises Auction Conditions Challenge to Rule Validity

Case Brief

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Parties

Lakshmi Narain and Others

Petitioner

District Excise Officer, Fatehpur & Ors.

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether Rule 13B of the U.P. Excise Rules, prohibiting sale of liquor on specific days, is unconstitutional
  2. 2 Whether licensees who participated in auction with knowledge of restrictive conditions can challenge those conditions under Article 32

Ratio Decidendi

As Rule 13B is in pari materia with Rule 37 of Punjab Liquor Licence Rules 1956 and conditions regarding closure were known and reasonable at auction, petitioners cannot challenge the rule's constitutionality under Article 32.

Court Disposition

writ petitions dismissed

Orders

  • writ petitions dismissed with costs (one hearing fee)