C K K JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The questions that arise for consideration in these Original Petitions, are practically the same. Facts are identical except to the extent of variations relating to the number of arrack shops, the locality where the arrack shops are situated and the rental on which respective parties have acquired the right to vend liquor in the respective areas. The Original Petitions are therefore disposed of by a common judgment.

(2.) Facts relevant for considering the questions involved in these Original Petitions, are few. The notice of auction of arrack shops for the year 1983-84 was published in the Kerala Gazette dated 20-2-1984. The crucial statement, according to the petitioners, contained in said Government Order is:

(3.) But it is stated, that after the confirmation of the sales by auction in favour of the petitioners and the execution of the permanent agreements thereafter, they came to know about a change in the condition in the licence granted to them. This change of the condition was introduced by G.O. MS.31/84/ TD dated 22-2-1984, marked as Ext. P1 in O.P. 10892 of 1984. The petitioners allege that Ext. P1 order however, has not been published in the Gazette. Hence the same has no force of law.