D PULLNIAH Vs. EXCISE SUPERINTENDENT KURNOOL KURNOOL DIST

JUDGEMENT

(1.) In this writ petition the petitioner mainly questions the action of the Excise authorities in confirming the bid in favour of the fifth respondent in respect of Table Group of Arrack Shops, Nandyal for the Excise year 19.90-91 as illegal and unsustainable and contrary to law.

(2.) The petitioner's main case is that the object of conducting the auctions for allotment of arrack shops is to collect higher revenue to the state and in fulfilment of that object, the authorities should not give weight to the technicalities and as he is the highest bidder at the auction even though he has no hall ticket to participate in the bid, the authorities ought to have accepted his bid.

(3.) The petitioner is an excise contractor for the last 3 years in respect of Nandyal Group of shops. The auction for the arrack shops in question for the excise year 1990-91 was held on 15-9-90. The petitioner according to him was the highest bidder and offered Rs. 14,02,000 as monthly rental. The petitioner was not permitted to sign in the auction register by the authorities on the ground he did not have a hall ticket to participate in the bid and therefore the bid was knocked down in favour of the 5th respondent who is the next highest bidder for Rs. 14,00,000/-. His grievance is that the son-issue of the hall ticket, though applied by him, is only an administrative delay on the part of the excise officials aad therefore, he does not suffer from any disqualification and the denial of the authorities to accept bis bid is illegal and contrary te the excise policy.