C RAJAMALLAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As common questions of law arise determination in all these appeals, we propose to dispose of them by this common judgment.

(2.) For different excise years commencing on the 1st of July of every calendar year and ending on the 30th June of the succeeding calendar year, the appellants were the highest bidders of the right to vend country liquor like toddy or arrack for one or the other revenue District/Taluka or part of them as is the case, in the excise tender-cum-auctions held for that purpose under the Karnataka Excise Act of 1965 (Karnataka Act 21 of 1966) ('the Act') and the Karnataka Excise (Lease ,,of the Right of Retail Vend of Liquors) Rules, 1969 ('1969 Rules') framed' thereunder. On the final acceptance of their bids by Government, the appellants executed 'Lease Deeds' or written contracts with Government inter alia agreeing to pay shop rentals or 'kists' every month on or before the agreed dates and were thereafter vending liquor :-in the approved shops.

(3.) In exercise of the powers conferred on them by Section 21 of the Act, the District Magistrates (DMs) of the Districts directed the compulsory closure of all or certain shops of the appellants on certain dates, with which they complied. Some time thereafter, the appellants sought before the authorities and Government for pro-rata refund, rebate or remission of the shop rentals paid or payable by them for the days of closures principally on the ground that they were not attributable to their fault and the same was just and reasonable. When the authorities and Government did not accede to their demands or requests, the appellants approached this Court under Article 226 of the Constitution for appropriate reliefs. On 15-12-1983 Doddakalegowda, J. has dismissed their writ petitions and those orders are assailed by them in these appeals before us.