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october 1976

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.

LAKHANLAL ETC. vs THE STATE OF ORISSA & ORS.(with connected appeals) · Niyam