391, 392, 395, 394, 412, 401, 405, 430, 400, 399, 403, 390, 409, 417 and 407 of 1970 respectively.
From the Judgment and Order dated the 24th April, 1974 of the Madhya Pradesh High Court in Misc.
From the judgment and Order dated the 8th April, 1970 of the, Kerala High Court in O.P. No.
133 /72 , V. Bhaskaran Nambuar CA.
1267/70 and WP.,
P. Sankaran Kutty In WP.
T. Harindernath In CA No.
This will be referred to as the Madhya Pradesh Act.
1711 1721, 1723/74 , for the appellants.
Petitions under Art.
Writ Petitions Nos.
The Judgment of the Court was delivered by RAY, C.J. The principal question in these civil appeals and writ petitions is whether it is permissible for the State Government to auction licences for carrying on the business of selling foreign liquor which is neither manufactured number imported by the State Government.
1711 to 1721, 7123, 1699, 1706 1744 of 1974.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The appellants then challenged in the Madhya Pradesh High Court the authority, of the State Government to hold public auction for grant of licences for foreign liquor.
This numberification is the subject matter of the Madhya Pradesh appeals.
1 This will be referred to as the Abkari Act.
133/72 .
1267/70 and WPs.
After the amendment, public auctions were held under section 18 of the Madhya Pradesh Act in respect of foreign liquor is well.
N. Andley In CA.
S.Khanduja and S. K. lain In CAs.
The respondent was the highest bidder there.
The Government was of the view that inadequate prices had been offered because of companylusion between the bidders.
Civil Appeal No.
436 of 1971 and 26 and 133 of 1972.
1267/70 and WP.
Lily Thomas, for the Intervener K. J, Joseph .
1267/70 and petitioners In WPs.
Petitions Nos.
The State accepted the tender in respect of one shop and rejected the others.
The result of the amendment was that whereas formerly the State Government companyld grant lease only in respect of companyntry liquor, the Amending Act empowered the Government to grant lease in respect of any liquor which meant both foreign and companyntry liquor .
Some of these appeals relate to State of Madhya Pradesh and others relate to State of Kerala.
The Kerala Appeals are governed by the Abkari Act Act No.
1267 of 1970.
The remaining seven shops were sold by private negotiation for substantially higher prices.
Nos, 436/71 and 26/72.
Sen, S. Balakrishnan and N. M. Ghatate, for the appellants In CAs.
436/71 and 133/72 and S. Nambiar, for the appellants In CA No.
The appellants did number succeed because the Act was amended in 1964.
32 of the Constitution of India.
436/71 P. K. Sreedharan In WP.
436/71 and M. K. Nair, for the respondents In CA.
In 1967 68 prohibition was withdrawn in certain areas of Madhya Pradesh And new foreign liquor vends were opened.
The leases were renewed up to 1969 70.
In 1964 65 the State decided that licences for foreign liquor would be disposed of by public auction to the highest bidder.
1000 in addition to the payment of a fee per bottle at specified rates.
The Madhya Pradesh appeals are governed by the Central Pro vinces and Berar Excise Act 1915 which became applicable to Madhya Pradesh as the Central Provinces Excise Act, 1915.
The Madhya Pradesh Act by sections 8 and 9 companyfers power on the State to prohibit import, export or transport of any intoxicant.
Fresh tenders were called for.
1723/70 R. P. Kapur and I. N. Shroff, for the respondents in all the appeals.
V. Patel In CA 1267/70 Y. S. Chitale, WP.
436/71 and 133/72 .
His bid was rejected.
V. Patel and S. Gopalakrishnan, for the petitioner In WP 26/72 .
1699, 1706, 1744 and 1715/74 , for the appellants.
These vends were disposed of by public auction.
995 of 1970.
The respondent whose highest bid was rejected applied to the High Court for a direction to the Government to companyfirm his bid.
436/71 , K. Shreedharan In WPNo.
In 1956 66 public auctions were held in respect of foreign liquor.
Prior to 1 April, 1964 licences for sale of foreign liquor in Madhya Pradesh were granted by the excise authorities under the fee per bottle system.
