RAM BABU Vs. STATE OF U P

JUDGEMENT

(1.) In an auction held on 17th March, 1975 for the grant of a licence for one year to sell country liquor and Bhang in respect of certain shops situated in tahsil Garautha, District Jhansi, the petitioners were the highest bidders, their bids being for a sum of Rs. 2,20,000. On account of interim orders passed in certain writ petitions, the bid of the petitioners could not be accepted. However, on 31st March, 1975, as would be presently shown, an agreement was arrived at between the petitioners and the District Excise Officer, whereby the petitioners agreed to run the shops in question on payment of the same amount of Rs. 2,20,000/- on a temporary basis till final orders were passed by the High Court in the writ petitions. Since the agreement arrived at, as aforesaid, could be terminated at any time, the mode of payment of the contract money was agreed to be on daily basis. On the basis of that agreement, the petitioners became entitled to run the shops in question with effect from 1st April, 1978. It is not disputed by the petitioners that they did run the shops thereafter with effect from 1st April, 1978 and also made various deposits towards the auction money. A notice D/- 16th (sic) 1975 was subsequently served on the petitioners informing them that while making necessary deposits the petitioners had deducted some amount on the ground that the country liquor shops had to be closed on every Tuesday in pursuance of an order passed in this behalf by the Government. By the same notice they were required to pay the full amount failing which the same was to be recovered as arrears of land revenue. Aggrieved the petitioners have instituted this writ petition with a prayer to issue a direction to the respondents not to enforce the aforesaid notice.

(2.) It has been urged by counsel for the petitioners that since the mode of payment of the contract money was on daily basis, the petitioners were entitled to make deductions in respect of closure of the country liquor shops on every Tuesday.

(3.) Having beard counsel for the parties, we, however, find it difficult to accept this submission.