U.L.BHAT, M.V.TAMASKAR
R. K. Traders – Appellant
Versus
State Of Madhya Pradesh – Respondent
U.L. Bhat, C.J.
1. Petitioners in some of these writ petitions challenge notification dated 17-1-1990 amending condition 2-C in Form FL-1 in the Foreign Liquor Rules (for short the FL Rules) framed by the State Government under the provisions of the M. P. Excise Act, 1915 (hereinafter called 'the Act of 1915'). What is challenged in other writ petitions is a similar notification dated 31-3-1978 amending Condition 2-C in Form-CS-3 of" the Country Spirit Rules (for short 'the C.S. Rules') framed by the Government under the provisions of the Act of 1915. The petitioners have, in public auction under the provisions of the Act and the respective rules, become the successful bidders in regard to foreign liquor shops or country liquor shops, as the case may be, and have bean granted licences under the appropriate rules. Condition 2-C in the two sets of rules requires the licensee to take for sale from the warehouse the minimum quantity of liquor (referred to hereinafter as 'Quota') which is to be stipulated by the Licensing Authority in the licence. Condition-2-C of licence under the two sets of rules contemplates fixation of quota for lifting liquor and for levy of penalty on failure
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