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1994 DIGILAW 566 (SC)

A. K. Roy v. State of Bihar

1994-05-02

M.N.VENKATACHALIAH, S.MOHAN

body1994
JUDGMENT : 1. This writ-petition, said to be presented as a public interest litigation, has been pending in this Court for ten years now. By an interlocutory order of stay made on 27th March, 1984, the State has been prohibited form opening liquor shops in Tripal and Mining areas in the districts of Dhanbad and Chhota Nagpur. 2. Sri D. Goburdhan, learned counsel appearing for the State of Bihar, strenuously and, in our opinion, not without justification, urged that the order of stay granted has had the effect of permitting and promoting a thriving business in illicit distillation and manufacture and sale of spurious liquor. Learned counsel submitted that the order of stay might, indirectly and unwittingly, aid illicit distillers. 3. These apprehensions of the State cannot be brushed aside. Accordingly, the stay order is vacated. However, before introducing liquor shops in these areas, the Government will, we are confident, take into account the social and economic effect and implications of making available liquor in such sensitive areas where vulnerable sections of the society reside. 4. The Government would be well-advised to put into the scales the relevant sociological inputs before taking the decision. This, however, is a matter of an informed policy-decision on the part of the Government. 5. It is also necessary to list the writ petition itself for final hearing. List the writ petition for final disposal in the month of August, 1994.