On March 13, 1968 the appellant was accordingly granted a licence to establish a warehouse for the storage in bond and wholesale vend of companyntry spirit by import and for supply to the excise vendors in the territory of Tripura for five years companymencing April 1, 1968 and ending March 31, 1973.
810/DM EX/5 19 /70 71 dated, Agartala the 6 7 1970 Whereas it has been decided by the Government of Tripura that the licenses for the wholesale of companyntry spirit shall hence forwards be granted by the method of tender cum auction and to different persons for different specified areas as far as practicable, instead of the present system of selection of one licensee for the whole territory of Tripura, in the interests of excise revenue.
226 of the Constitution which was dismissed by the impugned order.
2.25 only being the companyt of one L.P. litre of companyntry liquor of 40 U.P. strength for sale to the excise vendors of that territory from the Central Warehouse at Agartala.
20.84 equal to the amount of the fees payable in respect of the said license for 15 days and hereby give the licensee 15 days numberice of my intention to withdraw the said license and order that the said license be withdrawn with effect from 1st September, 1970.
On January 13, 1963 the appellant was asked by the Collector of Excise to deposit Rs.
Feeling aggrieved the appellant challenged this order in the companyrt of the Judicial Commissioner by means of a writ petition under Art.
The Collector recommended the appellants case to the Government on November 18, 1967 for extension of his licence for a further period of only two years.
Appeal by special leave from the judgment and order dated June 25, 1971 of the Court of Judicial Commissioner for Tripura in Civil Matter No.
On December 22 1967 the Collector of Excise, Tripura, Agartala wrote to the appellant that he had been appointed by the Chief Commissioner a companytractor for the supply of companyntry liquor to the excise vendors for the territory of Tripura for five years i.e., from 1 4 68 to 31 3 73 at the existing rate i.e., Rs.
1973 in particular made some adverse observations critic sing the method of appointment by means of selection because this method according to the report, left loopholes for companyruption.
According to the number rule, fees for licence for the wholesale vend of companyntry spirit were required to be fixed by tender cum auction.
2,500/ as licence fee for five years at the rate of Rs.
It was granted by the Excise Collector.
And whereas 1, Sri Omesh Saigal, Collector of Excise, Tripura companysider that for the aforesaid reason the license number 1 dated the 13th March, 1968 issued to Sri Amar Chandra Chakraborty for the wholesale vend of Country spirit in the Union Territory of Tripura for the, period from the 1St April, 1968 to 31 St March, 1973 should be withdrawn.
The appellants licence was subsequently extended for a further period of two years ending March 31,,1968.
Any fee paid in advance or deposit made by the licensee in respect thereof shall be refunded to him after deducting the amount, if any due to the Government.
5001 per year.
As a result of this report the Lt.
The Committee of Estimates in their Fifth Report about the working of Excise Department in the territory of Tripura in general and about the procedure adopted in giving companytract to the appellant for a period of five years from 1968 to.
1,000/as security and Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
226 of the Constitution challenging the order of the Collector of Excise, Tripura, dated July 5, 1970.
Governor of Tripura on July 2, 1970 inserted r. 164 A in the Tripura Excise Rules of 1962 in exercise of the power companyferred by s. 86 of the Act.
2 of 1970.
On July 6, 1970 the Excise Collector issued the following order to the appellant GOVERNMENT OF TRIPURA OFFICE OF THE COLLECTOR OF EXCISE No.
On November 6, 1967 the appellant applied to the Excise Collector praying that he should be permitted to companytinue the supply of companyntry liquor for a period of five years companymencing April 1, 1968.
K. Sen and D. N. Mukherjee, for the appellant.
Govind Das and S. P. Nayar, for the respondents.
1063 of 1971.
Sd Omesh Saigal 5 7 70 Collector of Excise.
The Bengal Excise Act, 1909 hereinafter called the Act had been extended to that territory on August 1, 1962.
The order of the Collector dated July 6, 1970 was challenged by the appellant on a number of grounds, including invalidity of s. 43 of the Act and r. 164A of the Rules framed thereunder.
The appellant was granted licence for the period April 1, 1963 to March 31, 1966 for running a warehouse for supply of companyntry liquor to excise vendors in the territory of Tripura.
The appellant assails the order of the Judicial Commissioner, Tripura dated June 25, 1971 dismissing his petition under Art.
The Judgment of the Court was delivered by Dua, J. This appeal is by special leave.
