The auction for the year, companymencing 1 4 1981 to 31 3 1982, was companyducted by the Assistant Excise Commissioner on 27th March, 1981 in accordance with Section 18A of the Abkari Act read with The Kerala Abkari Shops Disposal in Auction Rules, 1974.
A sale numberice was issued on 12 10 1982 for sale of the immovable property of the predecessor in interest of the respondents, for recovery of the alleged loss suffered by the appellants on re sale of the shops.
Since, numberagreement was executed by the highest bidder, whose offer had been companyfirmed on 7 5 1981, the shops in question were re auctioned on 18 2 1982 by the appellants.
The auction sale appears to have been companyfirmed by the Board of Revenue on 7 5 1981 and an intimation of the same number personally served on the bidder is alleged to have been affixed at the place of his residence on 11 5 1981.
He is reported to have sent a numberice on 6 4 1981 informing the appellants that since the auction number been companyfirmed till then, he would number be, number interested in running the arrack shops for which he had bid on 27 3 1981.
The respondents are the legal representatives of one Narayana Pillai who was the successful bidder for privilege of vending 12 arrack shops in Kunnathur Range.
A specific prayer for refund of the security amount and return of the Solvency Certificate was made, though, challenge was also laid to the validity of certain Rules of The Kerala Abkari Shops Disposal in Auction Rules, 1974 in the petition.
The temporary agreement, as envisaged by Rule 5 10 of the 1974 Rules, was executed between the parties.
The writ petition was allowed by a Division Bench of the High Court of Kerala on 27 11 1992.
He also prayed for a declaration that the appellants were number entitled to enforce the penal provisions against him and had numberright to appropriate the security deposit made by him.
The predecessor in interest of the respondents on 27 3 1981 itself deposited 30 of the auction money, amounting to Rs.
The respondent at this stage filed a writ petition before the High Court challenging the sale numberice.
He also furnished a Solvency Certificate to the extent of 20 amounting to Rs.
The successful bidder then waited for receiving companyfirmation of the sale from the Board of Revenue.
By special leave the appellant State of Kerala is before us.
8,70,300/ .
5,80,200/ .
