1. This and the connected Special Appeal arise out of Civil Misc. Writ Nos. 1370 and 1600 of 1970 decided by a learned Single Judge of this Court by a common judgment dated September 30, 1970, both filed by the appellants in these appeals.

2. Briefly stated the facts are these. Sometime in the month of February, 1970, the District Excise Officer, Lucknow, took a decision that the excise shop situated in Ganneywali Gali in the city of Lucknow shall continue to be at its old place and that shop along with others was auctioned on February 26, 1970. The appellants were the highest bidders, their bid being for a sum of Rs. 4,28,000/-. The bid was accepted by the District Excise Officer, Lucknow. The appellants complied with the conditions of the auction and on 31st March, 1970 purchased from the previous licensee all the furnitures and fittings of the shop and also the balance of the country liquor which remained unsold in the shop. Their licence was to start from April 1, 1970 and was to continue in force upto March 31, 1971. According to the appellants, Sushil Chander, appellant No. 1, went to the office of the District Excise Officer on April 1, 1970, to collect a provisional licence