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1993 Supreme(SC) 1062

R.M.SAHAI, S.R.PANDIAN
R. Vijayakumar – Appellant
Versus
Commissioner Of Excise – Respondent


Advocates:
A.S.NAMBIYAR, E.M.S.ANAM, G.RAMASVAMY, GEORGE PUNTHOTTAM, M.A.Firoz, V.R.REDDY

JUDGMENT

R.M. Sahai, J.

1. These are four appeals directed against judgment and order of the High Court of Kerala. The appellants are owners or proprietors of hotels and restaurants who were granted FL-3 licences under Rule 13(3) of the Kerala Excise Act in October 1992 for the year 1992-93. Their licences were cancelled soon thereafter as in November 1992 the Government had taken a policy decision to cancel all Foreign Liquor (Hotel/Restaurant) Licences under Rule 13(3) of the Kerala Foreign Liquor Rules 1974 to hotels/restaurant/tourist homes during the financial year 1992- 93. They challenged the orders in the High Court by way of writ petitions. The petitions were dismissed on 1st February 1993. Two Special Leave Petitions were filed against this order. One was numbered as 2310-17 of 1993 and the other as 3391 of 1993. Some of other petitions came up for hearing before the High Court on 4th March 1993 which were decided on 10th March 1993. This order was challenged by Special Leave Petition (Civil) No. 4152 of 1993. In Special Leave Petition Nos. 2310-17 of 1993 and 3391 of 1993 a bench of this Court on 1st March 1993 passed following order :

"Issue notice both on special leave p










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