JUDGMENT

Gopalji Mehrotra, J. - The Petitioner is a medical practitioner and holds a licence for foreign liquor. The terms of the opium licence granted to the opposite party No. 2 Gaya Prasad was to expire on 31-3-1957. He was also a licensee of Ganja shop at Orai. The term of this licence was to expire on the same day. Applications were invited by the District Magistrate, Jalaun for the shops for the year 1957-58 sometimes in March 1957 and the Petitioner also applied for a few shops and the opposite party No. 2 was also an applicant for some of the shops. The applications were put up before the District Excise Advisory Committee along with the applications of certain other applicants and the Committee recommended to the Collector the names of the Petitioner, opposite party No. 2 and one other person. The Collector selected the Petitioner out of these names and granted licence to them by his order dated 6-4-1957. An appeal was then filed by the opposite party No. 2 before the Excise Commisioner, U. P. The main ground urged in appeal before the Excise Commissioner was that the Collector did not consult the Orai Municipal Excise Advisory Committee and has granted licence to the Petit