SHOBHAMAL AND SHOBHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant give a bid for 25 shops to sell minimum quantity of Indian made foreign liquor and country liquor for the period 1. 4. 83 to 31. 3. 84. On 30. 3. 83 M/s. Radheyshyam Maharia filed S. B. Civil Writ Petition No. 706/83 in this court and obtained stay order in regard to two of the shops out of 23 in which the appellant could sell the liquor under the contract. On 7. 4. 83 the stay order was vacated.

(2.) FOR not being able to sell liquor from 1. 4. 83 to 7. 4. 83 in two shops, he applied for granting remission in regard to the contract amount. The appellant failed before the statutory authorities in getting remission and ultimately came before the Board of Revenue and the Board of Revenue by order dated 10. 12. 84, on facts, came to the conclusion that the stay order was in regard to the two shops only and in regard to remaining 21 shops, there was no stay order and, therefore, it was open to the appellant to lift the liquor which he could have sold in the remaining 21 shops and if he did not choose to lift liquor from 1. 4. 83 to 7. 4. 83, he could not be granted any remission from the contracted amount. Consequently the Appeal was rejected by the Board of Revenue. The Writ petition was filed in this court and the learned Single Judge by order dated 14. 2. 85 dismissed the Writ Petition in limine and this is Special Appeal.