T SUDHAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these writ petitions, the petitioners have challenged the constitutional validity of Rule 4-a of the Karnataka excise (lease of right of retail vend of liquor) rules, 1969 (in short 'the rules') as amended by notification No. Gsr 31, dated 7-2-1992 whereby registration fee contemplated therein has been raised from Rs. 1,000/- to 25,000/ -.

(2.) THE rules prescribed for the mode and manner of sale of privilege and the right of retail vend of liquors for a given excise year being a period of 12 months commencing from 1st day of july. Under Rule 3, the said right of retail vend can be disposed of by tender or auction or in any other appropriate manner as the state government may by order specify.

(3.) SUBSEQUENT to determination of mode of sale of privilege under Rule 3, under Rule 4, the excise commissioner is required to issue a notification containing the prescribed particulars calling for tenders and in case of auctions, time, date and place at which the auction will be held.