In the information on his financial capacity submitted by Mukanda Bora in the Form prescribed under the Assam Excise Rules, he mentioned that his father will finance him with Rs.
The Board on the application of respondent 1 herein, by an order dated May 31, 1979, stayed the operation of the aforesaid settlement order, dated April 30, 1979, observing that the appellant respondent 1 herein was a sitting lessee and had alleged that the financial position of the appellant is number good and that the latter had supressed facts in the tender.
6,905.07 which included the companyt of liquor, bottles, boxes, carrying charges, vend fee and duty etc.
Mukunda Bore, respondent I, preferred an appeal under Section 9 of the Assam Excise Act before the Assam Board of Revenue.
He was an un employed youth of about 32 years and belonged to Chuita Community which falls in the more backward companymunity and was entitled to preferential treatment in the matter of settlement of C.S. Shop as provided under Rule 223 2 of the Assam Excise Rules, 1945.
Part I Examiuation.
Against the Boards interim order, dated May 31, 1979, Mukanda Bore filed a writ petition in the High Court which, by an interim order dated June 1, 1979, stayed the operation of the interim order, dated May 31, 1979, passed by the Board.
Even during this interval, it is emphasised, Mukunda Bore did number produce the Pass Book issued by the State Bank of India, Jorhat to the appellants father which companyld show that a sum of Rs.
Subsequently, by a judgment dated August 22, 1979, the Board allowed the appeal of respondent 1, set aside the settlement order of the Primary Authority that had been made in favour of the Appellant, and settled the shop with respondent 1 for the remainder of the term.
As against this, Bangshidhar Buragohain, respondent herein filed an affidavit, dated June 26, 1979, pointing out that the deposit of Rs.
The Deputy Commissioner hereinafter called the Primary Authoriry on the advice of the Advisory Committee companystituted under Rule 208 of the Assam Excise Rules, by an Order dated April 30, 1979, settled the shop with the appellant for the aforesaid period.
The appellant thereafter on June 6, 1979 took possession of the shop on the payment of Rs.
Particulars of the funds held by the father were given by him in his affidavit as under Rs.
With this reasoning, the Board passed an interim order staying the operation of the settlement during the pendency of the appeal.
3 of Jorhat Sub Division for the period June 1, 1979 to March 31, 1980 Fourteen other persons, including respondent 1, also submitted tenders for settlement of the said shop.
to the former lessee, that is, respondent 1.
20,000/ in the Johart Post Office held by the father of Mukunda Bore was a term deposit which would mature for encashment only by the middle of 1983 and companysequently, this deposit was number readily available for investment in the business.
The Board pronounced its judgment about three weeks after the hearing of arguments.
Respondent 1, Bangshidhar Buragohain, is an Ahom and is recognised by the Rules as other backward class.
25,900/ or more and in support filed an affidavit of his father, Mukta Ram Bore.
Against this judgment, dated August 22, 1979, the appellant filed a writ petition under Article 226 of the Constitution before the Gauhat High Court, which, by an order, dated August 23, 1979, dismissed the petition in limine.
The material facts are that the Deputy Commissioner, Sibsagar Invited tenders for settlement of the Meleng Country Spirit Shop No.
S. Sarkaria, J. This appeal by special leave is directed against a judgment, dated August 23, 1979, of the High Court of Assam at Gauhati.
