D SUDHAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN all these matters, since identical questions of fact and law are involved all these petitions are clubbed together and a common order is passed.

(2.) THE petitioners in all these petitions, questioning the legality and validity of the impugned notification dated 19th June 2004 in Proceedings No. FD 17 EDC. 2004 on the file of the first respondent - State Government, have presented the instant Writ Petitions.

(3.) THE facts of the case are that, all these petitioners claim to be the holders of licence for right of retail vend of arrack for the excise year 2003-04 being the highest bidders, and claim to be carrying on their business as per the terms and conditions of the contract in their respective taluks and Districts. The disposal of the right of retail vend of arrack is regulated by the provisions of the Karnataka Excise (lease of Right of Retail Vend of Liquor) Rules, 1969 ("lease Rules" for short) and under Section 17 of the Karnataka Excise Act ('act" for brevity ). The legislation has granted the power to State Government to regulate and govern the disposal of right of retail vend of liquor. The petitioners, being successful bidders for the excise year 2003-04 have got exclusive right of retail vend of arrack in their respective Taluks and Districts in the entire State. Be that as it may.