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2003 Supreme(Pat) 358

RAVI S.DHAVAN, R.N.PRASAD
Basant Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

RAVI S.DHAVAN, J.

1. All these petitions whether filed as public interest litigation relate to one basic issue about the setting up of retail vends of liquor shops whether country liquor or foreign liquor.

2. It needs to be placed on record and this aspect has now become relevant that the first of these cases came to the Patna High Court in 1985, almost twenty years ago. This was CWJC No. 323 of 1985; Basant Yadav V/s. The State of Bihar and others. This petition came from district of Gaya. The grievance of the petitioner in that petition was that liquor shops are being opened or have been opened indiscriminately in utter violation of the Bihar Excise Act, 1915 and rules under the Acts. These are Rule Nos. 407-F and 471-E of 1919. The petitioners having made out a prima facie case that the grievance indeed had to be looked into by the State respondents received an order that he may file his representation as an objection when fresh licenses are issued and any liquor shops are established in contravention of the Act and the Rules. The order of the Bench dated 10/07/1985 is reproduced below :

"This writ application has been filed for quashing an order dated 18-12-1982 renewin


























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