Surendra Singh vs The State Of U.P. Thru' Principal ...
2011 Latest Caselaw 155 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT TAX No. - 385 of 2007
 

 
Petitioner :- Surendra Singh
 
Respondent :- The State Of U.P. Thru' Principal Secretary & Others
 
Petitioner Counsel :- Neeraj Sharma,Vinay Singh
 
Respondent Counsel :- C.S.C.,S.P. Kesharwani
 

 
Hon'ble Yatindra Singh,J.

Hon'ble Prakash Krishna,J.

1. Our conclusions are as follows:

(a) No one has fundamental right to carry on trade in intoxicants. The State has exclusive right to carry on manufacture and sale of the same;

(b) The State can part with the exclusive privilege for consideration. The licence fee is the consideration for parting that privilege ;

(c) There was a contract between the parties and the petitioners are liable to pay licence fee on the MGQ;

(d) Even if there was no contract, the petitioners are estopped from challenging the recovery of licence fee on the MGQ.

2. In view of our conclusions, the writ petition is dismissed. 

3. For order see our order of date on separate sheet of papers placed in the record of Writ Tax No. 1429 of 2006. 

Order Date :- 9.3.2011

BBL