Judgment

VENKATACHALA, J. - This appeal on certificate of fitness to appeal to this Court ranted by the High Court of Judication at Hydrabad relates to its judgment dated August 29, 1972 in Civil Miscellaneous Writ Petition No. 4163 of 1972.

2. Antecedent facts of this appeal, which need brief mention, are these :

On 30th June, 1972, the Uttar Pradesh Excise (Amendment) Ordinance 1972, herenafter referred to as "the Ordinance", was promulgated by the Governor of Uttar Pradesh in exercise of the powers conferred upon him by clause (1) of Article 213 of the Constitution. The Ordinance, which omitted clause (3) of the Proviso to Section 21 and Subsection (3) of Section 40 of the United Provinces Excise Act, 1910, hereinafter referred to as "the U. P. Excise Act", inserted therein Sec. 24-A which read :

"24-A (1) Subject to the provisions of Section 31, the Excise Commissioner may grant to any person a licence or licences for the exclusive privilege of selling by retail at shops (for consumption both on and off the licensed premises or for consumption off the licensed premises only) any foreign liquor in any locality.

(2) The grant of licence or licences under sub-section (I) in relation