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2007 Supreme(MP) 373

SUBHASH SAMVATSAR, SANJAY YADAV
Rama and Company – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.D. Jain with S.N. Seth for appellant;
Vivek Khadkar, Government Advocate for State.

JUDGMENT

Samvatsar, J. -- 1. This judgment shall govern the disposal of above mentioned writ appeals.

2. These appeals are filed by the appellant being aggrieved by the order dated 2.2.2000 passed by the learned Single Judge of this Court in - WP No.543/1999 and connected petitions. Initially these appeals were registered as LPA No.39/2000, LPA No.38/2000, LPA No.36/2000 and LPA No.35/2000 but were dismissed by this Court vide order dated 28.8.2006 on the ground that LPA is not maintainable in view of judgment of the Supreme Court in the case of lamshed N. Guzdar v. State of Maharashtra [2005(1) JLJ 358=(2005)2 SCC 591]. However, the said appeals were again restored and registered as writ appeal after coming into force of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred to "the Adhiniyam, 2005").

3. Brief facts of the case are that the Excise Department had auctioned 19 shops of Group No.1 including 2 shops of country liquor. The appellant M/s. Rama and Company being the highest bidder their bid was accepted. The auction was held for a period of 99 days and a licence was issued in favour of the appellant. The said licence contained a co




































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