Per Hon’ble Dr. Anand, C.J.

1. The constitutional validity of the Jammu and Kashmir Excise (Amendment) Ordinance, 1985 being Ordinance No. 11 of 1985, which inserted section 14-A (1) & (2) in the Jammu and Kashmir Excise Act, Samvat 1958, besides amending section 25 of the said Act has been called in question through the medium of these two petitions. Section 14-A (1) and 14-A (2) of the Ordinance read as follows ;

“14-A. Regulation of sale of liquor in the State: - (1) Notwithstanding anything to the contrary contained in any other law, rule, order, agreement or any other instrument of any other judgment or decree of any court, the Government shall regulate the sale of country liquor in the State by auctioning the country liquor shops on such condi­tions and for such period as it may deem fit.

Provided that the departmental shops existing for the sale of country liquor at the time of first auction shall continue to run at such places and for such period as may be specified by the Government by a special or general order.

(2) Any agreement or instrument executed, any letter of intent or order issued by the Government relating to manufacturing, bottling or sale of country liquor, before

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