THAKUR PRASAD SAO ETC. vs THE MEMBER, BOARD OF REVENUE & ORS.

The Supreme Court held that under the Bihar & Orissa Excise Act, 1915, the holders of outstill licences have an exclusive privilege to manufacture and sell country liquor, as defined under Section 22. The Court dismissed the appeals, affirming that the licences remained valid and that the appellants were not entitled to a refund or reduction of fees due to their inability to open shops, as there was no absence of quid pro quo. The Court clarified that the responsibility for finding a suitable site lies with the licensee, and Section 44(2) restricts the applicability of surrender provisions for exclusive privileges under Section 22.