SATISH CHANDRA, K. N. SETH, S. D. AGARWALA
JAWAHAR LAL JAISWAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
SATISH CHANDRA, C. J.
( 1 ) TWO principal questions of law require consideration by this Full Bench. The first is whether the restriction imposed by the Excise Commissioner that all excise shops shall, with effect from december 20, 1980, remain closed on Friday also, will apply to the pre-existing licensees of excise shops. The second question is whether the variation of the strength of liquor is valid.
( 2 ) WE shall take up the question of Friday closure first. The wholesale and retail sale of liquor and other excisable articles is generally permitted by auctioning shops of various places to the highest bidder. This is an auction system of sale of excise shops.
( 3 ) PREVIOUSLY, according to paragraphs 351 and 352 of the U. P. Excise Manual, the excise shops could ,be kept open till 10 P. M. On September 18, 1977, notifications were issued amending these rules and directing that the licensees of excise shops shall keep their shops open till 8 P. M. only. Thus, the business hours were reduced by two hours. The licensees of a large number of excise shops challenged these notifications by filing writ petitions. Those writ petitions came up for hearing before a Division Bench whose
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