J GOPALAKRISHNAN Vs. GOVERNMENT OF PONDICHERRY

JUDGEMENT

(1.) THE writ appeal arises out of the order passed by the learned single Judge in W.P.No.4834 of 1995 dated 14.8.2001. THE appellant was the highest bidder for the running of an Arrack Shop No:4 at Bahour Commune Panchayat, (Arachikuppam), Pondicherry for the period from 15.9.94 to 30.6.95. He was given the right of retail vending of arrack for a monthly kist of Rs.1,20,100/-for the lease year of 1994-95 and the guaranteed quota was 364 litres of arrack per day. THE confirmation order was issued on 15.9.94. He had deposited a sum of Rs.3,60,300/-. Against the guaranteed arrack, he had lifted only 3400 litres of arrack from the Pondicherry Distilleries Ltd. He did not pay the kist for the month of September, October and November 1994. Moreover, he has not executed an agreement of lease as contemplated under the Pondicherry Excise Rules. THErefore, a show cause notice was issued on 11.11.94 calling upon him to pay the lease amount and execute the lease agreement.

(2.) ON 6.2.1995, the Deputy Commissioner (Excise), Government of Pondicherry issued a notice under sub-rule(2) of Rule 201 of the Pondicherry Excise Rules, 1970 to show cause as to why the licence granted to the appellant should not be cancelled and the deposit be forfeited and the shop to be re-auctioned.

(3.) IT was further contended that on enquiry, it was found that the appellant himself has instigated the villagers to raise objection to divert the issue and without lifting the Government quota he has been selling illicit arrack.