A.K. Mathur, C.J. -- 1. All these petitions involve common questions of law; therefore, they are disposed of by a common order. M.P. No. 5091 of 1989 and M.P. No. 5067 of 1989 relate to the grant of licence for the period from 1.4.1989 to 31st March 1990.

1. The writ petitions M.P. Nos. 913/93, 914/93, 1818/93, 1884/93, 1943/93 and 1969/93 relate to the grant of licence for the period 1992-93.

2. For convenient disposal of all these writ petitions, the facts given in M.P. No. 5091/89, Shatraghanlal Shrivastava and others v. State of M.P. and others are taken into consideration.

3. Petitioners by this petition have prayed that section 24 of the M.P. Excise 'Act 1915, (for short the Act) and Rule II (3) of the General Licence Condition Rules may be declared as ultra vires of the Act and Art. 14 of the Constitution of India; that notice dated 8.10.89 (Annexure-F) may be quashed; that respondents may be restrained from giving effect to the aforesaid notice for closure of the liquor shops; that the petitioners may be granted remission of proportionate licence fee for the period the shops remained closed in pursuance of the aforesaid notice; and that they may be paid compensation against the profit and loss to the extent as detailed in Annexure G.

4. Petitioner No. 1 holds a licence in Form C.E. 3 for retail sale of country liquor in respect of Ujjain and Seoni groups of country liquor shops comprising 34 shops. The shops were auctioned in favour of petitioner No. 1 for an annual licence fee of Rs. 1.23 crores. Petitioner No.2 holds a foreign liquor licence in Form F.L. 1 in respect of Sonkachcha foreign liquor shop on an annual licence fee of Rs. 3,10,000.00. Petitioner No.3 also holds a country liquor licence in Form C.S. 3 in respect of Ujjain and Seoni group of country liquor shops. Petitioner No. 4 holds foreign liquor licence in Form P.D. 1 in respect of Station Road Foreign Liquor shop at Ujjain. Petition No. 5, holds a foreign liquor licence in Form F.L. 1 in respect of foreign liquor shops at Indore Gate and Chawk, Ujjain petitioner No.6 also holds a foreign liquor licence in Form F.L. 1 for Freeganj foreign liquor shop. Petitioner No.7 holds foreign liquor licence in Form F.L. 1 in respect of Nai Sadak, Ujjain. All these petitioners obtained the licence in pursuance of an auction held by the State of M.P. According to the terms of the licence, the monthly and each day break up of the licence fee was required to be paid to the respondent, as per details furnished in Annexure D to the petitioner.

5. Rule 8 of the General Licence Conditions framed u/s. 62 of the Act provides that the shops shall be kept open every day throughout the year unless temporary closure has been authorised by the Collector. It further lays down that the shops shall remain closed on such days as the Collector may announce at the time of auction. At the time of auction, certain dry days were notified and six more days on account of Holi, Moharram etc. had to be observed as dry days. In addition to this, the Collector has been further authorised to declare dry days according to local festival. Copy of the list of dry days and other days as may be declared by the Collector was issued along with the licence by Notification dated 22.1.1986, (Annexure E).

6. The petitioners were informed by respondents 4 and 5 that the State Government, by order dated 8.10.89, had ordered closure of all excise shops on 8, 9, 10, 11 and 13 October 1989 as dry days, (Annexure F). Therefore, the petitioners have filed these petitions challenging the order of the District Excise Officer and the decision of the Government and the Collector for closure of these shops for 5 days on various grounds. It is also prayed that for closure of the shops for 5 days, proportionate reduction in the licence fee may be given and loss which has been occasioned for these 5 days should also be made good by the State Government.

7. In order to appreciate the contentions of learned counsel for the pe