RAGOLU SRINIVASA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The first four of the above batch of writ petitions were referred to a Division Bench by our learned brother Raghuvir J., before whom they came up for hearing. W.P.No, 4617/80 was posted along with these writ petitions as it raises substantially the same questions as the other writ petitions.

(2.) In order to appreciate the main contentions raised in these writ petitions, it is sufficient to state the facts in W.P.No. 4851/80 in which Shri A.Panduranga Rao, addressed the arguments.

(3.) The petitioners are excise contractors. Acting under rule 3(2) of the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retall) Rules, 1969 referred to in this judgment as the rules, the Commissioner of Excise fixed the liquor shops to be established in Rayadurg Taluk Anantapur District. They consisted of 8 individual shops and three groups of shops. The District Collector Anantapur. caused a notice to be published in accor. dance with Rule 4 on 16-8-1980 stating that the commissioner of excise has fixed the number of shops, their location etc. It was mentioned in the notice that the lease of right to sell arrack and toddy in the shops notified for the excise year commencing from 1st October, 1980 would be held as per the programme detailed in the notice. The auction in respect of the above shops was to be held between 30-8-1980 and 4-9-1980. According to the notice, the ariack shops were to be auctioned as individual shops and groups, as stated above.