These appeals arise out of the decision of the Kerala High Court upholding the validity of the government order dated 9 12 1992 passed by the Government of Kerala deciding to cancel all foreign liquor licences issued under Rule 13 3 of the Kerala Foreign Liquor Rules, 1974 to Hotels, Restaurants and Tourist Homes.
587, 591, 592, 608, 612 and 625 of 1993.
The High Court had allowed the writ petition filed by the respondent and in appeal this Court referred to the decisions which we have cited above including the decision in K.K. Narula case 17.
A Bench of three learned Judges of this Court which heard this group of matters has referred them to the Constitution Bench.
Thereafter, the remaining seven shops were sold by private negotiations for substantially higher prices.
6043 50, 6051 and 6052 of 1993.
Thereafter, tenders were called for and the appellant accepted the tender in respect of one shop and rejected the others as it was again of the opinion that price offered was inadequate.
The respondent was the highest bidder but his bid was rejected because the Government was of the view that inadequate prices had been offered as a, result of companylusion between the bidders.
A Bench of two learned Judges has referred the said matters also to the Constitution Bench for decision on the question whether appellants have a fundamental right to carry on trade in liquor.
13817 28, 16208, 16601 02, 17935, 17953 of 1993, 185, 2479, 2962 63, 5898 of 1994 and WP C Nos.
The third group companysists of SLP C Nos.
The second group companysists of CA Nos.
DELIVERED BY B. SAWANT, J. B. SAWANT, J. This is a bunch of appeals, special leave petitions and writ petitions.
The first group companysists of CA Nos.
666, 667, 693, 694, 774, and 910 of 1990 wherein companystitutional validity of the i Karnataka Excise Distillery and Warehouse Amendment Rules, 1989, ii Karnataka Excise Manufacture of Wine from Grapes Amendment Rules, 1989, Karnataka Excise Brewery Amendment Rules, 1989, Karnataka Excise Sale of Indian and Foreign Liquors Amendment Rules, 1989 and v Karnataka Excise Bottling of Liquor Amendment Rules, 1989 was unsuccessfully challenged by various parties before the Karnataka High Court, inter alia on the ground that the Rules in question affected adversely the fundamental right of the parties to carry on trade or business in liquor and that the said Rules were violative of Articles 14, 19 1 g , 47, 300 A, 301, and 304 of the Constitution of India.
4708 12 of 1989, 4718 27 of 1989, WP C Nos.
