CYRIAC JOSEPH, S.B.SINHA
V. K. Ashokan – Appellant
Versus
Asstt. Excise Commnr. – Respondent
JUDGMENT
S.B. Sinha, J.—
1. Leave granted.
2. Interpretation of the provisions of the Kerala Abkari Act (for short, “the Act”) and the Rules framed thereunder known as the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 (for short, “the Rules”) is the question involved in these appeals. They arise out of a common judgment and order dated 17.10.2005 passed by a Division Bench of the High Court of Judicature at Kerala at Ernakulam in O.P. No. 5742 of 1998 (H), W.A. No. 1822 of 1998 (C), O.P. No. 5910 of 1998 (C), O. P. No. 5783 of 1999 (L), O.P. No.10276 of 1998 (W), and W.A. No.1790 of 1998(C).
3. The questions involved herein broadly arise in the following factual matrix in the cases. We would, however, notice the fact involved in the individual cases also.
4. Appellants herein carry on business in toddy. For the purpose of grant of privilege in terms of the provisions of the said Act and the Rules framed thereunder, the State frames policy-decision from time to time.
The position of the parties with reference to the name of the licenses and the other relevant dates would appear from the following:
Sl. S.L.P. No. Licencee of Date of Rule Details of Details of No. Shop No
Kunwar Chiranjit Singh v. Har Swarup
Commissioner of Police, Bombay v. Gordhandas Bhanji
Ramana Dayaram Shetty v. The International Airport Authority of India
Shree Hanuman Cotton Mills v. Tata Air Craft Ltd.
State of Punjab v. Devans Modern Breweries Ltd.
Kerala Samsthana Chethu Thozhilali Union v. State of Kerala
State of M.P. v. Nandlal Jaiswal
Khoday Distilleries Ltd. v. State of Karnataka (1995) 1 SCC 574 – Relied upon. [Para 30]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.