SATYESHWAR ROY and S.B.SINHA JJ.

1. These writ applications involving common questions of law and fact were heard together and. are being disposed of by this judgment.

2. Whether Clause 5 of the agreement as contained in Annexure-1 to the writ application, whereby and whereunder, minimum guaranteed quota required to be lifted by the licensee has been fixed, and the amendment made in Rule 138 of the Bihar Excise Rules, as published in the Gazette on 28-3-1990 whereby and whereunder it was directed that the retail vends may be kept open from 8 A.M. to 7 P.M. only, instead of Sunrise to 10 P.M. are valid or not, are the questions involved in these writ applications.

3. In C.W.J.C. No. 1303 of 1990 (R), petitioner No. 1 is an association of Ranchi Wine dealers and petitioners Nos. 2 to 6 are licensees under the Bihar and Orissa Excise Act, 1915 (the Excise Act). They have challenged that part of the condition of licence by which they are to lift and sell every month minimum guaranteed quota of foreign liquor and also notices by which the respondents have threatened that if the petitioners failed to comply the aforesaid obligations, their licences would be terminated/cancelled. They have sought the aforesaid relief on the ground that the condition fixing minimum quantity of liquor to be sold each month was against the Directive Principles of State Policy as enshrined under Article 47 of the Constitution of India. The petitioners challenge the notification as contained in Annexure-4 reducing the period when the retail liquor shops may be kept open on the ground of discrimination inasmuch as the same was not made applicable to bar and restaurant licenced to sell liquor. The petitioners were also allowed to pray for this relief in view of the fact that the petitioner in C. W. J. C. No. 851 of 1990 (R), a retail liquor licensee, challenged the wireless message as contained in Annexure-4 to that writ petition whereby all the concerned officers were directed to see that retail vends of foreign liquor remained open from 8 A.M. to 7 P.M. throughout the year. We may notice that Annexure-4 to C.W.J.C. No. 851 of 1990 (R) is a follow up action of the notification issued by the Board of Revenue which is Annexure-4 to the writ application. So far C.W.J.C. No. 1303 of 1990 (R) is concerned, admittedly the notification as contained in Annerure-1 was published in which public in general were informed that liquor shops situate at the different places including the district of Ranchi for selling country made foreign liquor Would be settled by public auction. In Annexure-1, the period for which the shops will be so settled and the minimum guaranteed quantity to be sold by each shop was also mentioned. In the auction, the petitioners Nos. 2 to 6 succeeded and five shops in the town of Rahchi were settled with them. The petitioners agreed to sell the minimum quantity of liquor which was one of the terms and conditions of the bid According to Rule 138 of the Excise Rules as it stood then, the petitioners were entitled to keep their shops open from Sunrise to 10 P.M. On 28th March, 1990, the Board of Revenue in exercise of its power under Section 90 of the Excise Act amended Rule 138 of the Excise Rules whereby the period during which the retail vend may be kept open was fixed from 8 A.M. to 7 P.M.

4. The petitioners have challenged the condition by which minimum guaranteed quota was fixed for each of the petitioners on the ground that the condition was in conflict with Article 47 of the Constitution which provides that the State shall make endeavour to bring about prohibition of consumption of intoxicating drinks The condition, therefore, was bad in law. They challenged Annexure-4 i.e. amendment of Rule 138 of the Excise Rules on the ground that the same was not made applicable to bar and restaurant who are also licenced to sell loose country-made foreign liquor.

5. So far C.W.J.C. No. 851 of 1990 (R) was concerned; the petitioner was a licensee