SOBHAG MAL JAIN, J. - (1.) IN this group of writ petitions, filed under Article 226 of the Constitution, the petitioners, who are licensees for the exclusive privilege of selling by retail country liquor, have challenged the validity of - (1) Section 42(e)(iii) of the Rajasthan Excise Act, 1950, (here in after referred to as 'the Act'); (2) Notification dated 25th May, 1985, amending the Rajasthan Issue and Sale Prices of Country Liquor Rules, 1964 (here in after referred to as 'the Issue Price Rules'); and (3) Conditions Nos. (1)(ga) and 22 (kha) of the Licences issued in their favour.
(2.) IN response to the Notification issued by the Excise Commissioner on December 26, 1983 inviting tenders for the grant of licences for the years 1984 -85 and 1985 -86 to sell, in retail, country liquor at the various shops in Rajasthan, the petitioners submitted their tenders and were granted lincences which are in form C.L (I) G. prescribed by the Excise Commissioner under Rule 93 of the Rajasthan Excise Rules, 1956 (to be referred to in short as 'the Rules'), made by the State Government, in exercise of the powers conferred by Section 31 of the Act. The Conditions of the licence were prescribed earlier by the Excise Commissioner by the Notification published in the Rajasthan Gazette dated 25th January, 1983. In the tender forms the licensees declared that they would abide by the said conditions published in the above Rajpatra The licences issued to the petitioner contained the conditions prescribed by the Excise Commissioner. In this set of writ petitions we are concerned with the licences for the year 1985 -86. Some licences were issued for two years, namely 1984 -85, and 1985 -86, while others were issued for 1984 -85, with the stipulation that the licensees will pay in 1985 -86 the privilege amount 10% over the stipulated sum for the year 1984 -85 and would also abide by all the terms and conditions of the licence. They were also required to deposit enhanced security amount, which they did. There is no dispute that the licensees have fully worked the licence granted to them for these years. In order to decide these writ petitions it is not necessary to state of each individual matter. It would be sufficient to notice, in brief, the facts of two writ petitions, which in the course of arguments, have been referred to by the counsel for the petitioners as also the Additional Advocate General, namely, S.B. Civil Writ Petition No. 2680/85 Mohan Ram v. State of Rajasthan and S.B. Civil Writ Petition No. 2597/85 Lekh Ram v. State of Rajasthan. In Mohan Ram, the petitioner submitted his tender form on January 17, 1984 for the shop at Merta Road. It was for a period of two years, i.e. 1984 -85 and 1985 -86. In this form the petitioner declared that he would abide by the conditions of the licence as prescribed by the Excise Commissioner published in the Rajasthan Rajapatra dated 25th January, 1983 and as may be amended from time to time. The Excise Commissioner accepted the tender of the petitioner, the amount offered by him being highest, and issued the order of acceptance for two years. The petitioner was then granted a licence of exclusive privilege to sell country liquor, in retail, at the shop at Merta Road for the periods from April 1, 1984 to March 31, 1985. The privilege amount was stipulated as Rs. 4, 51,000/ -. Since his tender was for a period of two years i.e. 1984 -85 and 1985 -86, the petitioner was allowed to work in licence for the year 1985 -86, on an enhanced privilege amount 10% above the stipulated sum for the year 1984 -85. The order of confirmation for working the licence for the year 1985 -86 was issued to him. The petitioner thus worked and utilised the liecnce for the years 1984 -85 and 1985 -86.
(3.) IN Lekh Raj's case, the petitioner was a co -licensee with Beerbal Khan, Hem Raj and others. They submitted their tender for the group of shops of Jaipur city in the name of Beerbal Khan Hemraj and party. Their tender was accepted and they were granted licence for the years 1984 -85 and 1985 86, i.e. for the period from April, 1984 to March 31, 1986. The privilege amount for the period of April 1, 1984 to March 31, 1985 was Rs. 4,41,57,000/ - and for the period April 1985 to March 31, 1986, it was Rs. 4,85,72, 100/ -.;