Jaswant Singh, J. - (1.) This batch of 128 appeals by special leave which are directed against various judgments rendered by the High Court of Judicature at Allahabad in writ petitions and special appeals and relate to enforcement of certain obligations of licenses for retail vend of country liquor shall be disposed of by this judgment.
(2.) The facts leading to these appeals are:The State of Uttar Pradesh has, under the U. P. Excise Act, 1910 (Act No. IV of 1910) (hereinafter referred to as 'the Act') which contains provisions relating to all aspects and manifestations of intoxicating liquors and intoxicating drugs, that is to say, their import, export, transport manufacture, sale possession, the exclusive right or privilege of manufacturing and selling liquor in that State. Section 24 of the Act lays down that subject to the provisions of Section31, the Excise Commissioner may grant to any person a licence for the exclusive privilege- (1) of manufacturing of or supplying by wholesale, or of both; or (2) of selling by wholesale or by retail; or (3) of manufacturing or of supplying by wholesale, or of both and of selling by retail; any country liquor or intoxicating drug within any local area.
(3.) Section 31 provides that every licence, permit or pass granted under the Act shall be granted- (a) on payment of such fees (if any); (b) subject to such restrictions and as on such conditions; (c) shall be in such form and contain such particulars, as the Excise Commissioner may direct either generally or in any particular instance in this behalf; and (d) shall be granted for such period as the State Government may, in like manner, direct.;