D.S.Tewatia, J. - (1.) THE petitioner, through the present writ petition, has sought a direction to the respondents to remove the liquor vend auctioned by the Excise Department to respondent No. 4 on 11th March, 1974 for the year 1974 -75 from within the jurisdiction of the petitioner Panchayat on the allegations that the petitioner -Panchayat apprehending the opening of a liquor vend within its jurisdiction passed an unanimous resolution on 7th March, 1974 (annexure ' P1'), by virtue of powers vested in it by the provisions of section 26(1) of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Act) of enforcing prohibition within its jurisdiction; that on that very day it brought the said resolution to the notice of the Excise and Taxation Officer, respondent No. 3; and that despite the said resolution of the petitioner -Panchayat the country liquor vend in question was auctioned by him to respondent No. 4, to be opened within the jurisdiction of the petitioner Panchayat.
(2.) ON 29th March, 1974 the petitioner -Panchayat passed a resolution authorizing Karam Singh Panch to file a petition in the High Court seeking relief against, the opening of the liquor vend within the jurisdiction of the petitioner -Panchayat and on 24th April, 1974 the present petition was filed. In the reply filed on behalf of respondents Nos. 1 to 3, the facts stated above have not been denied. However, they have taken the stand that the resolution dated 7th March, 1974 had been ignored vide order dated 13th June, 1974 by the Excise and Taxation Commissioner, respondent No.1, by virtue of power conferred on him by proviso to sub -section (3) of section 26 of the Act. The petitioner in its replication to the return has denied that any illicit distillation or smuggling of alcohol had been carried on or connived at, within two years preceding the date of the passing of the resolution dated 7th March, 1974, by anybody except Mela Ram a partner of respondent No. 4, in a liquor vend auctioned to him in village Gholian Khurd.
(3.) IN a rejoinder filed on behalf of respondents 1, 2 and 3, it has been averred that their record did not show that Mela Ram was the partner of respondent No, 4, as suggested on behalf of the petitioner. In the rejoinder, reference was also made to the apprehension of Mela Ram for possession of 19 bottles of illicit liquor on 10th December 1973, and his consequent prosecution under Section 61 - -1.14 of the Excise Act. It was further mentioned therein that Banarsi Dass son of Gan Pati Rai was convicted under section 61 - -1.14 of the said Act on 2nd February, 1972.;