Supreme Court of India · 1976-10-15
LAKHANLAL ETC. vs THE STATE OF ORISSA & ORS.(with connected appeals)
- Citation / case number
- SC 1972/60496
- Court
- Supreme Court of India
- Petitioner
- LAKHANLAL ETC.
- Respondent
- THE STATE OF ORISSA & ORS.(with connected appeals)
- Author
- P.N. SHINGAL
- Bench
- P.N. SHINGAL
Judgment text excerpt
The Supreme Court interpreted Section 22(1) and Section 29(2) of the Bihar and Orissa Excise Act, 1915, affirming that the State Government cannot interfere with a finalized auction conducted by the Collector for the exclusive privilege to vend liquor. The Court held that the auction price is not a fee but a tax, and thus the rules governing the auction exceeded the Board's rule-making power. The High Court's decision to quash the State Government's order and direct the issuance of a license to the highest bidder was upheld, confirming the respondent's entitlement to the exclusive privilege under Section 22.