LAWS(MAD)-2009-10-53

K VINYAKAMURTHY Vs. UNION OF INDIA

Decided On October 05, 2009
K. VINAYAKAMURTHY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The executive right to vend arrack in Shop No. 3, Periavirampattinam, Pondicherry and Shop No. 12, Murugampakkam, Pondicherry for the year 1982-83, commencing from 1.7.1982 to 30.6.1983 was auctioned by the respondents on 16.6.1982, wherein one A.D. Gopinath was emerged as the highest bidder for a sum of Rs. 7,500/- per month in respect of Arrack Shop No. 3 and Rs. 13,000/- per month in respect of Arrack Shop No. 12. His highest bid was provisionally accepted, subject to confirmation by the Government, but. thereafter, the Government decided not to confirm the highest bids offered for as many as 52 arrack shops, including that of the bids offered by the said A.D. Gopinath, and by the order dated 3.7.1982, the Government has rejected the bids.

(2.) This decision of the Government was challenged before this Court in a batch of writ petitions by the aggrieved persons, including the Writ Petition Nos. 5003 and 5008 of 1982 filed by the said A.D. Gopinath on 8.7.1982, seeking to quash the said orders of the Government dated 3.7.1982 and also for a direction to the Government of Pondicherry to confirm the highest bids offered by the respective petitioners therein.

(3.) Whileso, on 10.7.1982, both the above said Arrack shops were re-auctioned, wherein the appellant deposited a sum of Rs. 79,750/- as Earnest Money Deposit and participated in the auction. His bids of Rs. 13,150/- and Rs. 38.350 - per month for arrack shop Nos. 3 and 12 respectively were provisionally accepted, subject to confirmation by the Government.