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1976 Supreme(SC) 118

A.N.RAY, JASWANT SINGH, M.H.BEG
A. Damodaran – Appellant
Versus
State Of Kerala – Respondent


Advocates:
K.M.NAYAR, K.T.Harindernath, N.SUDHAKARAN, P.K.PALLI, S.K.SUDHAKARAN

JUDGMENT

M. H. BEG, J.:— The appellants, before us by certification of the case, had filed a petition to quash revenue recovery proceedings started against them for realisation of the remainder of the amounts due on account of their bids at auction sales of some toddy shops for the period 1st April, 1967, to 31st March, 1968, by the Government of Kerala. The amounts at which the shop were knocked down were:

1. Shop No. 1 = 84,000/-

2. Shop No. 4 = 46,500/-

3. Shop No. 8 = 56,100/-

4. Shop No. 11 = 1,50,000/-.

2. The notified conditions of the auction sales made it incumbent upon the bidder to pay immediately 10% of the amount due and to provide personal security for the rest. There was no assurance or guarantee given there that prohibition will not be removed in future by the Government in any area in the State or about any other matter of future policy of the Government relating to intoxicants. According to notified conditions, the successful bidders had to deposit 30% of the total amount payable on demand by the Assistant Commissioner and also to execute agreements before getting the necessary licenses. The petitioners had deposited the necessary amounts on demand. They were also


















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