The facts stated hereinafter speak for themselves.
The companymission to furnish its report by 25th of September 1995.
The respondent firm was the highest bidder in respect of Gwalior Township Group No.
Interim relief was also asked for in same terms.
The order on this day refers to two other writ petitions filed by the respondent firm, viz.,
602/1995 and writ petition No.
It reads The prayer made in this petition is more or less rendered infructuous.
75 of the sale proceeds would be deposited with the state and 25 be kept by the companytractor for reinvestment.
The respondent also companyplained that while number issuing the permits and other forms, the authorities are proposing to cancel the writ petitioners licences, which was characterised as unjust and illegal.
The aforesaid companymissioner was to get a fee of Rs.250/ for every grievance on any single day.
Whatever sale amount is received it would be handed over to the office after obtaining the receipt at the end of the closure of the business that day.
It played for the issuance of a writ directing the respondents State of Madhya Pradesh and the Excise autorities number to withhold the permits and issue forms of the petitioner and to ensue that the supply of liquor is made to the pettioner as per the terms and companyditions of the licence.
on May 22,1995 a learned single Judge heard both the parties and passed orders, directing the authorites, number to re auction the liquor shops which are subject matter of writ petition No.
711 of 1995 as having become infructuous.
1060 of 1995.
The state will take numberice of the same and release the liquor.
The learned Judge refers to statement of the petitioners companynsel that the petitioner would be depositing a sum of Rs.
The matters came up before the learned Single Judge again on August 11, 1995.
On the basis of the said representation and in view of the alleged companystant disputes between the parties the learned Judge make Yet another curious direction to the following effect The petitioner to give requisite facts and figures before the companymission.
These faces are taken from the companynter affidavit filed by the District Excise Officer in the High Court.
They would be paid a fee of Rs.
Though writ petition No.711 of 1995 was disposed of as stated above on September 4,1995 the matter came up again before the learned Judge on September 11, 1995.
This is however subject to the companydition that the entire sale proceeds would be deposited with the state.
711 of 1995 in the Madhya Pradesh High Court Gwalior Bench companyplaining that though he has companyplied with all the companyditions of auction and rules, the authorities are number issuing the permits and other forms on account of which their shops are facing closure.
On May 17, 1995, the respondent filed Writ Petition No.
2500/ each.
The state would released liquor on the same terms as being done in the month of April 1995.
The respondent firm carried on till December 1995 without properly and July paying the amounts due under of the companyrt.
The learned Judge then referred to the statement of the writ petitioner that it had deposited a sum of Rs.
one lac for the purpose of purchasing the liquor and numberes his request that be should be given back some amount for re investment .
Accordingly, the Excise Department would release the seized stock and permit the sales at two retail outlests.
The companymission would companysist of Shri R.A. Roman and Shri D. Gupat Advocates.
This order was passed after numbericing the case of both the writ petitioner and the authorities.
For the aforesaid defaults, they say, numberices were given proposing cancellation of licence granted to it.
711/1995.
The second order passed on that day disposes of writ petition No.
The petitioner in both the petitions, i.e. W.P.No.602 of 1995 and W.P No.
The state would be at liberty to supervise the source from which the liquor is purchase and also supervise the shops from where liquor is to be sold.
The interim order passed on 25th of August ,1995 shall companytinue.
the learned Judge also numbered the grievance of the writ petitioner the its employees were threatened with arrest also.
Seizure of this liquor would number be effected The learned judge made a further curious direction to the following effect As there is a companystant dispute Shri H.D. Gupta Advocate is appointed as companymissioner.
On September 19, 1995, matter was taken up again The learned Judge numbericed the grievance of the state that the petitioner is number depositing the licence fees and also numbered the companytention of the writ petitioner that it is numberdoubt in arrears but these arrears have mounted only because of number supply of liquor from time to time.
The appellants say further that the respondent has also subsequently failed to pay the monthly rental for the month of May 1995.
Emphasis supplied.
The writ petition came up befoer the Vacation Judge who directed numberice to the respondents in the writ petition.
It is significant to numberice the purport of the order the authorities were restrained from companyducting a re action they were also directed to make the requisite supplies all on a mere undertaking of the firm licencee to pay amounts which may ultimates be found payable.
The matter was again taken up on September 14, 1995.
writ Petitions Nos.955 of 1995 and Writ Petition Nos.
For the year 1995 96 companymencing on April 1, 1995 and ending with June 30, 1996 public auctions were held for grant of licences for companyntry liquor as well as Indian made foreign liquor IMFL in Madhya Pradesh, sometime in the months of February March, 1995.
The requisite supply would also be made to the petitioner.
The functionaries of the Excise Department would number interfere with the sale process.
The grievance of the petitioner does number survive.
The learned Judge accordingly directed that the petitioner be given liquor on the day the challan is filled up.
82,000/ and stated that on such deposit, liquor would be supplied at the rates at which supplies were made in April, 1995.
The learned Judge ordered, Some challans have been placed on record.
711 of 1995 has given an undertaking to this companyrt that all financial companymitments to which he may ultimately be found liable would be met by him.
The learned Judge also made certain further directions with respect to part deposit of sale proceeds and part release in favour of the writ petitioner.
P JEEVAN REDDY, J. The several orders made by a learned Single Judge of the Madhya Pradesh High Court in a writ petition, impugned herein, made in total disregard of the basic numberms governing the exercise of writ jurisdiction by the High Court, disclose a disturbing state of affairs affecting public finances.
