JUDGMENT

CHANDRAMAULI KR. PRASAD,J.

The appellant, aggrieved by the judgment and order dated 13.6.2002 passed by the Division Bench of the Kerala High Court in Writ Appeal No.1734 of 1995 setting aside the judgment and order dated 4.8.1995 passed by learned Single Judge of the said High Court in Original Petition No.12514 of 1994; whereby it had directed for refund of an amount of Rs.7,68,600/- along with interest, is before us with the leave of the Court.

The appellant, Mary was a successful bidder in an auction conducted on 24.3.1994 for sale of privilege to vend arrack in Shop Nos. 47 to 55 and 57 in Kalady Range –III for the period 1.4.1994 to 31.3.1995. Her bid was for a sum of Rs.25,62,000/-. The sale of the privilege to vend arrack is governed by the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 (hereinafter referred to as ‘the Rules’). The officer conducting the sale declared the appellant to be the ‘auction purchaser’ in terms of Rule 5(8) of the Rules. Being declared as auction purchaser, she deposited 30% of the bid amount i.e. Rs.7,68,600/- on the same date and executed a temporary agreement in terms of Rule 5(10) which was subject to confirmation by the Board of