SIVAPRAKASAM NADESSAN Vs. GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) Challenge is laid in these writ petitions to the notification...s issued by the third respondent to conduct re-auction of arrack shops for the period from 01.07.2018 to 30.06.2019. The further prayer is to direct the respondents to issue a final confirmation order in favour of the petitioner to run the shops for the said period.

(2.) The background facts, as projected by the petitioner in W.P.No.17932 of 2018, are as follows : (i) On 04.06.2018, the Government of Puducherry issued a notice of sale of arrack and toddy shop licences for the period from 01.07.2018 to 30.06.2019 with certain terms and conditions. The petitioner submitted his bid for one of the shops, i.e., Shop No.3, Oduthurai of Karaikal Municipality. The monthly upset price was fixed at Rs.3,73,183/-. (ii) Originally, the date for the auction of arrack and toddy shops was fixed on 19.06.2018 and 20.06.2018 respectively. Since there were no bidders for some shops, the second respondent issued notification dated 22.06.2018 reducing the upset price by 10% for the shops, where no bid was filed and scheduled the auction on 26.06.2018. Accordingly, the upset price came down to Rs.3,36,798/-. In the auction held as scheduled on 26.06.2018, the petitioner was declared as successful bidder, having made bid for a sum of Rs.3,40,798/-. (iii) Pursuant to the opening of bid, the petitioner was issued with the confirmation letter dated 28.06.2018 by the third respondent permitting him to run the arrack shop from 01.07.2018 with certain terms and conditions. By virtue of the said order, a Bank Guarantee, a lease agreement, a mortgage agreement, etc. were sought to be furnished by the petitioner. When the petitioner was taking steps for furnishing the said documents, the third respondent asked him to return the confirmation order dated 28.06.2018 under the premise of carrying out certain corrections of typographical errors. The petitioner, thus, handed over the order to the third respondent and was awaiting for the issuance of the corrected order copy. But there is no response from the third respondent. Hence, the petitioner sent a letter dated 30.06.2018 seeking permission to commence the business from 01.07.2018 and sought revised confirmation order. (iv) While so, the respondents issued the impugned notification for conducting re-auction of the arrack shop. Hence, he is before this Court in W.P.No.17932 of 2018 with the aforesaid prayer.

(3.) The petitioner in W.P.No.17933 of 2018 participated in the same tender for another arrack shop, i.e., Shop No.5 in Sorakudy, Thirunallar. Though he became the successful bidder, without issuing him any confirmation order, the respondents sought to issue the impugned notification for re-auction. Hence, he filed the said writ petition.