Judgment-

KHANNA

( 1 ) THIS judgment would dispose of civil appeals Nos. 844 and 845 of 1973 which have been filed by special leave against the judgment of learned Judicial Commissioner Goa, Daman and Diu whereby he cancelled the leases of the distilleries granted in favour of the appellant and directed the Government to deal with the tender of respondent No. 1 according to law in the light of the observations made by the Judicial Commissioner. As the question involved in the two appeals is identical, we may set out the facts giving rise to civil appeal No. 844. Learned counsel for the parties are agreed that the decision in that civil appeal would also govern the other appeal.

( 2 ) THERE is a distillery installation owned by the State at Daman. The Government has been leasing out the said distillery for specified period to members of the public for manufacture of country liquor. At the expiry of each lease, the Government used to invite fresh tenders from the public for the next lease and granted lease of the distillery to the person whose tender was accepted. For a number of years before 1973 the appellants tender in respect of the above distillery was accepted by the Government a