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1992 Supreme(SC) 321

M.N.VENKATACHALIAH, P.B.SAWANT
Gram Panchayat, Patiala – Appellant
Versus
State Of Punjab – Respondent


Advocates:
G.K.BANSAL, HARDEV SINGH, MADHU MULCHANDANI

ORDER

We have heard learned counsel for the parties.

2. The petitioner - The Gram Panchayat, Chanarathal Kalan - seeks special leave to appeal to this Court from the order dated 21st March, 1990 of the High Court of Punjab and Haryana in C.W.P. No. 3563 of 1990 dismissing the petitioners writ petition which in turn challenged the order dated 6th February, 1990 of the Excise and Taxation Commissioner, Punjab. The Commissioner had overruled and set at naught the resolution dated 21 st Sept. 1989 of the petitioner-Gram Panchayat under S. 26 of the Punjab Gram Panchayats Act, 1952 (Act) with the requisite 2/3rd majority directing that intoxicating liquor be not sold in the liquor vend situate in the village Chanarthal Kalan.

3. The resolution of the Gram Panchayat took note that the liquor vend was at a distance of 20 yards from the Government High School right opposite to Bus Stand and was just 100 yards away from the Primary Health Centre. Such a resolution, if made after the 1st day of April and before 30th day of September of any year, would under S. 26 be effective from the 1st day of April of the following year and would also be binding on the Excise and Taxation Commissioner. But t









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