CHINTALA CHITTAYYA Vs. SUPERINTENDENT OF EXCISE KHAMMAM

JUDGEMENT

(1.) In all these writ petitions common questions of law are involved. Hence they can be disposed of together.

(2.) It is sufficient if the facts in W P No, 7429/1979 are narrated. The petitioner became the highest bidder in respect of Dammapet Tribal group of arrack shops in the auction held on 4-10-1979. the highest bid being Rs. 13,000/-

(3.) The petitioner signed his name in the register maintained for the purpose under rule 15 of the Andhra Pradesh Excise (Lease of right to sell liquor in retail) Rules, 1969 (hereinafter referred to as the 'Rules'). He paid 2% of the annual rental as earnest money together with one month's rental on the day of the auction immediately after the acceptance of his bid under rule 16. He also deposited three months' rental in fixed deposit certificate of the Scheduled Bank taken for the period of lease within fifteen days from the date of auction under rule 18. The petitioner paid the advance as required by rule 19 within 15 days of the acceptance of the bid. The petitioner executed a counterpart agreement on 17-10-1979 ie. within 15 days from the date of auction in Form A 2 on the stamp paper before taking out licence in in respect of the lease granted to him for the sale of liquor under rule 21. Since he complied with all the formalities as required by rules 15 16, 18, 19 and 21 he was granted licence on 18-10-1979. He paid the rentals from 18-10-1979 to 31-10-1979. Since the petitioner did not pay the rentals from 1st October, 1979 to 17th October, 1979 the 1st respondent issued notice on the petitioner demanding payment of the rentals for thirty one days for the period from 1.10 79. to 31.1o.1979.