The Constitutional validity of Section 37 A was unsuccessful challenged in an earlier Writ petition No.2972 of 1972 Garibdas Vs.
By the said Notifications, a total prohibition on Tari Toddy was introduced in the State and partial prohibition was introduced in respect of the companyntry liquor and foreign liquor.
State .
Special leave granted in SLP civil Nos.4669 4771 of 1978.
The Full Bench held the said provision to be ultra vires Article 14 of the Constitution and hence a nullity.
A group of writ petitions came to be filed in the High Court of Judicature at Allahabad questioning the companystitutional validity of Section 37 A of the U.P. Excise Act, 1910 hereinafter called the act and the Notifications issued thereunder on March 30 and 31, 1978.
Consequently, it held that the Notifications issued under the said provision were unsustainable.
J U D G E M E N T Ahmadi, CJI.
The other special leave petitions followed.
Both the Section and the Notifications were, therefore, quashed.
Interim stay against the implementation of the impugned judgment was granted.
Feeling aggrieved by the said order, the State of U.P. sought a certificate under Article 133 of the Constitution of India which was granted.
The appeal was filed on 29.5.1978 along with an application for stay.
Presumably for that reason these Writ petitions were heard and disposed of by a Full Bench of the High Court and were allowed by the judgement dated 25.5.1978.
