Arijit Pasayat, J. - (1.) In all these appeals challenge is to the judgment of the Rajasthan High Court at Jodhpur dismissing the writ petitions filed under Articles 226 and 227 of the Constitution of India, 1950 (in short the Constitution). Challenge in the writ petitions was to the vires of certain provision of the Rajasthan Excise Act, 1950 (in short the Act). Essentially the prayers were as follows :"(a) appropriate writ, order or direction, incorporation of Section 54(ka) and sub sections (4) to (9) in Section 69 of the Excise Act may be declared ultra vires and be struck down; (b) by an appropriate writ, order or direction, amendment in the Excise Act, 1950 by incorporation of Section 9B may be declared ultra vires and be struck down; (c) by a further appropriate, writ, order or direction impugned order dated 16-5-2000, passed by respondent No. 2 may be declared invalid and may be quashed and set aside; (d) pending decision, if any, further order is made or action is taken prejudicial to the interest of the petitioner, the same may also be quashed and set aside."
(2.) The contentions raised on behalf of the appellant in the writ petitions challeng ing the vires of the provisions were founded on the following allegations : 1. The provisions of the amendment are contrary to Article 254 of the Constitu tion and without the assent of the President those are ultra vires; 2. The amended provisions are repugnant to the provisions of the Code of Crimi nal Procedure and the Code of Civil Procedure; 3. The amended provisions confer unguided powers on the Excise Authorities; 4. By Section 9B the remedy of judicial review is taken away and the petitioner is remediless."
(3.) The respondent-State prayed for dismissal of the writ petition on the ground that the Act was within the legislative competence of the State Government under Item 8 read with Items 64 and 65 of List II of the 7th Schedule of the Constitution and is a special Act dealing with right of the State to regulate production, transfer, stor age, possession and sale of liquor or intoxicating drugs.;