RAGHAVENDRA AND CO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On 30.6.1983 I heard this case in full and made a brief order dismissing the writ petition in the unavoidable and compelling circumstances stated therein . I now proceed to give my reasons for dismissing the, writ petition.

(2.) In accordance with the provisions of the Karnataka Excise Act, 1965 (Kar. Act 21 of 1966) (hereinafter referred to as the Act) and the Karnataka Excise (Lease of the Right of Retail Vend of Liquors) Rules, 1969 (hereinafter referred, to as the Rules), the Excise Commissioner in Karnataka, Bangalore (hereinafter referred to as the Commissioner) by his notification published in Kar. Gazette dt. 13.4.83 notified that the lease of the right of retail vend of arrack in the Taluk of Periyapatna, Mysore Dist for the period irom 1.7.1983 to 30.6.1984 will be disposed of in public auction by the Deputy Commissioner, Mysore Dist., Mysore (hereinafter referred to as the DC) on 30.4.1983. In the public auction held on that day, the petitioner, respondent No. 3 and other eligible bidders participated, at which the former offered the highest bid of Rs.2,37,200 per month. On the petitioner depositing one month's rental on the spot as required by the Rules, the DC provisionally accepted his highest bid and forwarded the papers to Government through the Commissioner for confirmation under Rule 15 of the Rules.

(3.) While the proceedings for confirmation were pending before Government, respondent No. 3 filed a revision petition under the Act before Government inter alia offering a higher bid than the one offered by the petitioner and urging for grant of right of retail vend of arrack of the taluk to him at the higher rate. On 24.6.1983 the Minister for Excise heard the petitio ner and respondent No. 3 and taking the view that the confirmation of the bid offered by the petitioner would result in loss of revenue, refured to confirm his bid and directed its reauction and in conformity with the same, Government has issued an order bearing No. HD 186 EDC 83 dt. 24.6.1983 (Annexure-A) refusing to confirm the bid. In furtherance of the said order of Government, the Com missioner has issued notification No. EXE. EXS. I. 14/83-84 dt. 24.6.1983 published in the Extry. Gazette dt. 25.6.1983 proposing to re-auction the right of retail vend of arrack in Periyapatna taluk on 28.6.1983 at 10-00 a.m. (Annexure-B). In this petition under Art. 226 of the Constitution the petitioner has challenged the order o' Government dt. 24.6.1983 (Annexure-A) and the consequent notification issued by the Commissioner on the same day (Annexure-B).