DOONGAJI AND CO. versus STATE OF M.P. AND ORS.

DOONGAJI AND CO. versus STATE OF M.P. AND ORS.

Petitioner was not entitled to relief as the State government acted within its discretion and policy framework; petitioner did not participate in tender process for relevant licensing period and licences had already been granted to third parties, making intervention impossible.

Parties
Petitioner: Doongaji and Co.; Respondent: State of M.P.; Respondent: Rajdhani Distillery Corporation
Jurisdiction
India
Judgment Date
09 August 1991
Procedural Posture
Writ Petition / Final Disposition by Supreme Court
Outcome
Writ petition dismissed
Legal Topics
Licensing Under Madhya Pradesh Excise Act, Discretionary Power and Government Policy, Article 32 Writ Jurisdiction
Constitutional Law Administrative Law Excise Law Licensing Under Madhya Pradesh Excise Act Discretionary Power and Government Policy Article 32 Writ Jurisdiction

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Parties

Doongaji and Co.

Petitioner

State of M.P.

Respondent

Rajdhani Distillery Corporation

Respondent

Procedural Posture

Writ Petition / Final Disposition by Supreme Court

Legal Issues

  1. 1 Validity of refusal to grant distillery licence under sections 13 and 14 of the Madhya Pradesh Excise Act, 1915
  2. 2 Compliance with government undertaking in Nandlal Jaiswal case
  3. 3 Discrimination in grant of licences under Article 14 of Constitution

Ratio Decidendi

Petitioner was not entitled to relief as the State government acted within its discretion and policy framework; petitioner did not participate in tender process for relevant licensing period and licences had already been granted to third parties, making intervention impossible.

Court Disposition

Writ petition dismissed

Orders

  • Petition dismissed without costs