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1984 Supreme(Ker) 156

V.SIVARAMAN NAIR
KRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner is an abkari contractor. He bid some Arrack Shops in Chathannur Range for an amount of Rs 55,20,000 and in Quilon Range for an amount of Rs. 1,52,62,100. These shops were bid during the previous year for Rs. 15,25,300 and Rs. 74,50,600respectively. The petitioner submits that the State is obliged under R.8 of the Kerala Abkari Shops (Disposal in Auction) Rules to supply as much of additional quota of arrack as the contractor asks for and if such additional quantity of arrack is not supplied, the State is not entitled to demand or recover the instalments of kist from the petitioner. There is no case for the petitioner that the monthly quota of arrack, which it is obligatory for the respondents to supply the petitioner, has not been given to him. His submission is that he bid the shops for high amounts on the basis of the representation that whatever additional quantity of arrack was demanded by him, would be supplied by the State. The petitioner relied on the decision reported in 1984 KLT. 88 in this regard. A Division Bench of this Court held in that decision that if the conditions of sale and the conditions of the licence indicated an obligation on th








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