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TMI Blog2000 (9) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... eign liquor is restricted by statutory provisions. The Government of Kerala has formulated rules for it under the Kerala Abkari Act and one set of such rules is called the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 (for convenience it would be referred to as the Auction Rules). The Government has the authority, under the said rules to notify in the Gazette the limits of each area (range) wherein the shop or shops could be located for vending such foreign liquor. Officers are authorised by the Government to auction the right to vend foreign liquor from each such shop and for such period as may be fixed. Person who offers the highest bid would normally be preferred for conferring the privilege to vend foreign liquor and licence would be issued to him for that purpose. Among the different types of licence only two are relevant for the purpose of this case. One is called Licence for the privilege of possession of Indian made Foreign Liquor for sale to public in sealed bottles without the privilege of consumption on the premises. As the said licence is to be issued in Form FL-1 it can be termed as such hereinafter. The other is called Hotel (Restaurant) Licence and it is to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des. Third respondent filed an appeal before the Division Bench of the High Court and learned Judges of the Bench reversed the order passed by the single judge holding that the Commissioner of Excise has no power or jurisdiction under Rule 6(2) to transfer an Abkari or foreign liquor shop outside the limits notified in the Gazette under Rule 4 of the Auction rules. The Division Bench did not seriously take the objection raised by the present appellant that writ petitioner had no locus standi to challenge the order of the Excise Commissioner. However, learned Judges observed that the writ petitioner is a licensee having FL-3 licence and was running a hotel-cum- restaurant in Karukachal Panchayat and hence the order permitting the appellant to shift the shop to Karukachal Panchayat would affect her rights. Resultantly the Division Bench quashed the order on the Excise Commissioner though learned Judges granted two weeks time to dispose of the stock of liquor acquired by the appellant for the purpose of selling the same in exercise of the licence granted to him. Shri P. Krishnamurthy, learned senior counsel, who argued for the appellant, adopted a two-pronged onslaught on the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with the rules such business cannot affect the business of the appellant. In that view of the matter appellant would not be a rival trader or a rival business contender for the third respondent. Perhaps bearing in mind this aspect the third respondent maintained the stand in the counter affidavit filed in this Court that her objection against the order of the Excise Commissioner is as a citizen of Karukachal Panchayat and she is entitled to raise such objection. In this context we noticed that this court has changed from the earlier strict interpretation regarding locus standi as adopted in Nagar Rice & Flour Mills and ors. vs. N. Teekappa Gowda & Bros. and ors.{1970(1) SCC 575} and Jasbhai Motibhai Desai vs. Roshan Kumar Haji Bashir Ahmed & ors.{1976(1) SCC 671} and a much wider convass has been adopted in later years regarding a persons entitlement to move the High Court involving writ jurisdiction. A four Judge Bench in Jasbhai Motibhai Desai (supra) pointed out three categories of persons vis-à-vis the locus standi: (1) a person aggrieved; (2) a stranger; (3) a busybody or a meddlesome interloper. Learned Judges in that decision pointed out that any one belon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ature. They cannot be ignored or overlooked on a technical or conservative yardstick of the rule of locus standi of the absence of personal loss or injury. There has, thus, been a spectacular expansion of the concept of locus standi. The concept is much wider and it takes in its stride anyone who is not a mere busybody. In the light of the expanded concept of the locus standi and also in view of the finding of the Division Bench of the High Court that the order of the Excise Commissioner was passed in violation of law, we do not wish to nip the motion out solely on the ground of locus standi. If the Excise Commissioner has no authority to permit a liquor shop owner to move out of the range (for which auction was held) and have his business in another range it would be improper to allow such an order to remain alive and operative on the sole ground that the person who filed the writ petition has strictly no locus standi. So we proceed to consider the contentions on merits. Chapter 1 to 4 of the Auction Rules contain various regulations regarding fixation of the limit of each range, how to conduct the auction for each or lot of shops etc. Chapter 5 of the Auction Rules contains two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed within the distance fixed as from certain institutions. There is no proviso nor any explanation as for sub-rule (1) but the proviso is placed only below sub- rule (2). Therefore, sub-rule (1) must work out by itself unexpanded or unrestricted by any other clause. The first proviso to sub-rule (2) is intended to refer to sub-rule (2) above. This can be discerned from two indications. One is the fact that the said proviso has been placed in the said sub-rule only. Second is that its scope is restricted to a place outside the limit specified in this sub-rule. The contention of the appellant is that the above words can have relation to the limits specified in sub-rule (1) because the limit envisaged in the second sub-rule is practically the same as the limit indicated in sub-rule (2). We have difficulty to accept the said contention for more than one reason. If the rule making authority had intended it to be so they would have effortlessly used the words outside local limits specified in the licence in the proviso because the same words have been used in sub- rule (1). As the proviso gives powers to the Excise Commissioner to order removal of a shop to a place outside the limits s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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