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1996 (9) TMI 599 - SUPREME COURTWhether the extra- ordinary jurisdiction of the High Court under ARTICLE 226 of the Constitution wrongly invoked? Held that:- The learned Judge observed that in the light of Articles 47 and 21 "it is not possible to accept any privilege of the State having the right to trade in goods obnoxious and injurious health." Lastly we may also invoke the holding in Har Shankar and Jageram that the writ petitioners, having entered into agreements voluntarily,containing the conditions aforesaid and having done the business under the licences obtained by them, cannot be allowed to either wriggle out of the agreements nor can they be allowed to challenge the validity of the Rules which constitute the terms of the contract. The High Court should not have exercised its extra-ordinary discretionary jurisdiction under Article 226 of the Constitution in aid of such licencees. For the above reasons, the appeals are allowed, the judgments and orders of the High court under appeal are set aside and the writ petitions filed by the respondents writ petitioners are dismissed with costs. Advocate's fee Rs.. 5,000/-in each appeal.
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