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2022 Supreme(Jhk) 149

RAVI RANJAN, SUJIT NARAYAN PRASAD
Ajay Kumar Gupta, S/o. Shri Rameshwar Prasad – Appellant
Versus
State of Jharkhand, through the Secretary, Department of Excise & Prohibition, Government of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sumeet Gadodia.
For the Respondents: Mr. Mithilesh Singh, GA-IV.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant writ petition is filed under Article 226 of the Constitution of India for the following reliefs:

    “(i) For issuance of an appropriate writ/order/direction, (as adopted) and is also wholly arbitrary and violative including a Writ in the nature of Declaration, declaring Rule 47(11) of the “Jharkhand Utpad (Madira ki Khudra Bikri Hetu Dukano Ki Bandobasti Evam Sanchalan) Niyamawali, 2018”, (Annexure-I), which provides for mandatory cancellation of a license for the irregularity of selling liquor in excess of the fixed maximum retail price is ultra vires the provisions of Section 68 of the Bihar Excise Act, 1915 of Articles 14 and 19(1)(g) of the Constitution of India.

(ii) For issuance of an appropriate writ/order/direction, including Writ of Declaration, declaring Rule 44 of the “Jharkhand Utpad (Madira ki Khudra Bikri Hetu Dukano Ki Bandobasti Evam Sanchalan) Niyamawali, 2018”, (Annexure-I), to the extent it provides that if a licensee charges from a consumer price in excess of that printed on the labels of the bottles of liquor, action may be taken to cancel the license, as being wholly arbitrary, illegal and violative of Articles 14 an

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