JUDGMENT

The appeals arise from Writ Petition No. 1808 of 1988 and batch dated 18-8-89 of the Division Bench of the Rajasthan High Court following its earlier judgment dated May 17, 1989 in Writ Petition No. 1340 of 1986 and batch. In the High Court, S. 17A and class Molasses added to S.41 (2) (d) of the Rajasthan Excise. Act, 1950 as amended by the Rajasthan Excise Amendment Act 8, 1985 were impugned. The Division Bench after exhaustive consideration of all the controversies declared that the Amendment Act 8 of 1985 was enacted by the State Legislature under Entry 33 (a) of List III (concurrent list) of the 7th Schedule of the Constitution of India. Therefore, the State Legislature was competent to enact the said Amendment Act except the Condition No. 3(1) (II) and 3(2) of the licenses in Form M-1 as repugnant to the provisions of clauses (3), (4) and (7) of the Molasses Control Order. The State did nor prefer any appeal as regards the declaration of the said aforesaid provision to be ultra vires of the State Legislature. But being dissatisfied with the judgment of the Division Bench the appellants had sought leave and this court granted leave under S. 136 of the Constitution.

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