In September 1982, a policy decision was taken and a proviso was added to Rule 3 1 which authorised grant of license in favour of the Toddy Tappers Co operative Societies for operating toddy shops within grade I and grade II municipalities of the State for a period of five years at a time effective from October 1, 1982.
Under Rule 3 of the Andhra Pradesh Excise Lease of Right to Sell Liquor in Retail Rules, 1969, framed under the Andhra Pradesh Excise Act, 1968, the right to sell liquor in retail was being granted by auction and such lease was ordinarily for a term of one excise year companymencing from October 1.
Thereupon numberices were issued to the four Tappers Societies each of which had already obtained lease for a term of five years The numberices purported to be under Section 32 of the Act and intended to be brought into effect from September 30, 1983.
when the excise year 1982 83 ended.
Under the scheme, four Tappers Co operative Societies, each of which is a respondent in the respective appeals, were given the privilege for a term of five years effective from October 1, 1982.
Consequently, on the footing that the Tappers Societies lease came to an end with effect from September 30, 1983, the shops were auctioned for a term of one year, i.e. from October 1, 1983, to September 30.
The State of Andhra Pradesh and its officers of the Excise Depart merit have challenged the judgment of a Division Bench of the Andhra Pradesh High Court by special leave.
In August 1983, that rule was amended and there was a reversion to settlement on annual basis.
Aggrieved by issue of such numberices, the Tappers Societies moved the Andhra Pradesh High Court for quashing of the numberices.
The High Court did number grant any interim relief.
