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2010 Supreme(MP) 270

ALOK ARADHE, S.R.ALAM, ARUN MISHRA
CHINGALAL YADAV – Appellant
Versus
STATE OF M. P. – Respondent


Judgment

( 1. ) S. R. Alam,C. J. :-The Division Bench having found difficulty in agreeing with the view taken by another Division Bench of this Court in Madan Mohan Chaturvedi Vs. State of Madhya Pradesh(ILR 2008 MP 2778) has referred the following questibns for the opinion of the Larger Bench :- (l)Whether in the language of Rule 8(1)(a) of the M.P. -Foreign Liquor Rules, 1996 and Rule 9 of the M.P. Country Spirit Rules the Government has power to renew the licence or it has to invite applications for- each and every shop, every year? (2) Whether the judgment in the matter of Madan Mohan(supra) decides the law correctly when it reads"or in any such other manner as the State Government may direct from time to time " will qualify the powers of the Government in granting the licence or the above referred phrase has to be read in relation to disposing of the applications which cannot be disposed of by draw of lottery? (3) Whether 2010-2011 Liquor Policy which relates to renewal is a valid policy and whether such policy is likely to create monopoly in favour of all such persons who are ready and willing to give 20% extra on the existing basic licence fee and licence fee and such persons





















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