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1983 Supreme(Ker) 243

K.BASKARAN, PARIPOORNAN
ISSAC – Appellant
Versus
ASSISTANT EXCISE COMMISSIONER – Respondent


Judgment :-

1. In this writ petition, the question of law that arises for consideration relates to the interpretation to be given to sub-rules (1) and (3) of R.8 of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, (the Rules).

2. The petitioner was the successful bidder of arrack shop Nos. 4, 7 to 12, 15, 19, 20 to 24 and 26 to 28 in Sultan's Battery Range in Wynad District for the financial year 1981-82 in the auction held on 27-3-1981 pursuant to the sale notification in accordance with S.18A of the Abkari Act 1 of 1077 (the Act) and R.3 (1) of the Rules, the bid amount being Rs. 50,43,000/-; he was also the successful bidder in respect of 15 arrack shops in Kalpetta Range in Wynad District in the auction held on 27-3-1981, the bid amount being Rs. 51,11,000/-. The first respondent, the Assistant Excise Commissioner, Kozhikode, who was the auctioning officer, had announced 1350 litres of arrack to be the monthly quota allowed for the above shops put up to auction in Sultan's Battery Range and 2353 litres to be the monthly quota for the shops in Kalpetta Range. For the month of April 1981 for the arrack shops in the Sultan's Battery Range this monthly quota was supplied (
















































































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