RAJESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) I. P. Vasishth, J. Excise auctions for Lakhimpur Kheri and Hardoi for the year 1996-97 are the subject-matter of dispute in these two writ petitions and since common questions of fact and law are involved therein, therefore, the parties argued them together and we propose to dispose them off by the instant common order.

(2.) THE propagation was that writ petition No. 709 (MB) of 1996 (Rajesh Singh v. State of U. P.) and writ petition No. 728 (MB) of 1996 (Chandrajeet Singh v. State of U. P.) were instituted in this Court seeking relief for participation in the excise auctions scheduled to be held at Hardoi and Lakhimpur Kheri on 11- 3-1996. THEy were disposed off by a division bench of this Court on 8-3-1996 with a direction to the respondents to permit the petitioners' participation on issuance of the necessary hall-tickets in the event of their fulfilling requirements under the rules and deposit of the appropriate fee.

(3.) THE grievance was that despite being apprised of the local authorities' high-handedness in the entire episode, the Additional Excise Commissioner joined the respondents in the proceedings and refused to intervene; to finally reject the petitioners' representations on 27-3-1996. Hence the two petitions for the relief of quashing the orders of the Excise Commissioner dated 27-3-1996 contained in Annexure 5 (Lakhimpur Kheri) attached with petition No. 3269 (MB) of 1996 of Rajesh Singh and Annexure 7 (Hardoi) attached with petition No. 735 (MB) of 1996 of Chandrajeet Singh.