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1963 Supreme(MP) 45

S.P.BHARGAVA, P.V.DIXIT
SHRIMATI NANHIBAI – Appellant
Versus
THE EXCISE COMMISSIONER – Respondent


Advocates Appeared:
R.J.BHAVE, Y.S.DHARMADHIKARI

DIXIT, C. J.

( 1 ) THE petitioner in this case prays for the issue of a writ of mandamus directing the opponents to treat the bid offered by her in the sum of Rs. 85,000/-at the auction sale of Gorakhpur liquor shop (located in Jabalpur) held on 27th February 1963 for the year commencing on 1st April 1963, as final and binding under the madhya Pradesh Excise Act, 1915 (hereinafter referred to as the Act) and the rules thereunder. She has also sought a direction restraining the opponents from re-auctioning the liquor shop.

( 2 ) THE facts are, that the said shop is for the retail sale of country spirit. The equivalent Citation: auction of the privilege of selling country liquor at the shop was conducted by the collector, Jabalpur, on 27th February 1963. The petitioner, who held the privilege of the sale of country liquor at the shop for the year ending on 31st March 1963 and was given a licence for that purpose, offered a bid in the sum of Rs. 85,000/ -. She was declared the highest bidder. The petitioner says that after the acceptance of her bid by the Collector she furnished the requisite security for due performance of the contract concluded by the acceptance of her bid at the au















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