( 1 ) THIS is a petition under Article 226 of the Constitution praying among other the following reliefs: " (a) The issue of a writ of certiorari or any other suitable order or direction quashing the orders of the opposite-party No. 2 (. e. , the Excise Commissioner, U. P. , Allahabad) setting aside the resale of the auction of the two liquor shops in dispute in favour of the applicants, and quashing the order of opposite-party No. 1 (. e. , the Deputy Commissioner, Gonda, exercising powers under the Excise Act) fixing the date of resale thereof on the 2nd December, 1958. (b) The issue of a writ of mandamus ordering the stay of resale by auction of the two liquor shops. "

( 2 ) THE facts that have given rise to this petition may be briefly stated in order to appreciate the question that fell for our determination. The excise authorities in Gonda held an auction for the purposes of granting a license to the highest bidder for the liquor shops, one in Mohalla naushehra and the other in Mohalla Pure Ghose in the town of Gonda. Patandin was granted a licence for the shop in Mohalla Naushehra, while Sri Jagat Narain was granted licence for the shop in Mohalla Pure Ghose, a