PRATIPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS letters patent appeal has been filed against the dismissal of Writ Petition No. 809/1987.

(2.) BRIEF facts of the case are that appellant was granted licence in Form F. L. 3 of liquor contract for the period between 1-4-1986 to 31-3-1988. Appellant's bid was the highest for Indergarh shop for Indian made foreign liquor for a sum of Rs. 3,15,000/ -. Appellant could not run the shop successfully and was not in a position to deposit the monthly instalment of licence-fee every month. Appellant was declared defaulter and his licence was cancelled. The show was then re-auctioned on 28-11-1987. In the re-auction, highest bid of Kanhaiyalal of Rs. 2,01,000/- was accepted. Said Kanhaiyalal deposited Rs. 23,000/- and failed to deposit remaining 1/6th amount of bid by 17-3-1987. On failure to deposit the amount, shop was against auctioned on 2-5-1987 and in the auction, the shop was knocked down in favour of Ayub Khan for a sum of Rs. 60,000/- for unexpircd period of licence.

(3.) APPELLANT-PETITIONER has challenged the order of recovery by respondents for the loss caused to the State Government between the auction of Rs. 3,51,000/- and third auction in favour of Ayub Khan for Rs. 60,000/ -.