GURUVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by a person whose husband was a participant in an auction conducted under the provisions of the karnataka Excise Act, 1965 (for short "the act") read with the Karnataka Excise (Lease of Rights of Retails Vend of Liquor) Rules, 1969, (for short Lease Rules' ). The State had invited bids and offers from the intending persons to offer their bid for such rights in respect of Mandya Taluk and Pandavapura taluk in Mandya District. The husband of the petitioner having unfortunately died before he could reap the fruits of his successful bidding for these two Taluks by offering a monthly rent of Rs. 68,00,100/- in Mandya Taluk and a sum of Rs. 26,00,000/- in Pandavapura Taluk and the right to vending liquor which he had obtained having not been retained by the petitioner though there was an offer by the authorities under the Act that the petitioner could continue the right by exercising the option or willingness to be indicated within a stipulated time, the authorities having proceeded on the premise that the offer has been declined and having taken action for re-auctioning of the right of vending of liquor in the two Taluks and having found that such exercise had resulted in loss of revenue, had sought to make good the loss by demanding the so-called loss from the petitioner by issuing a demand notice in terms of Annexure-A2.

(2.) QUESTIONING such action and the demand, the present writ petition by the wife of the bidder who was successful and in whose favour the offer had been confirmed by the state.

(3.) IT will be necessary to state a few facts to appreciate the circumstances leading to the present writ petition.