PAGOLU SRINIVASA RAO Vs. STATE

JUDGEMENT

(1.) The first four 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 of 1980 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 W.P. No. 4351 of 1980 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 Retail)RuIes, 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 notice to be published in accordance with rule 4 on 16th August, 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 as per the programme detailed in the notice. The auction in respect of the above shops was to be held between 30th August, 1980 and 4th September, 1980. According to the notice, the arrack shops were to the auctioned as individual shops and groups, as stated above.