Union Territory Of Pondicherry And Others VS. P.V. Suresh And Others

Supreme Court of India

Reporting JudgeJeevan Reddy,b.P. (J)

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Union Territory Of Pondicherry And Others VS. P.V. Suresh And Others

PETITIONER: UNION TERRITORY OF PONDICHERRY AND OTHERS Vs.

RESPONDENT: P.V. SURESH AND OTHERS

DATE OF JUDGMENT23/09/1993

BENCH: JEEVAN REDDY, B.P. (J)

BENCH: JEEVAN REDDY, B.P. (J)

BHARUCHA S.P. (J)

CITATION: 1994 SCC (2) 70 JT 1993 (5) 410 1993 SCALE (3)869

ACT: JUDGMENT: The Judgment of the Court was delivered by B.P. JEEVAN REDDY, J.- The Union of India represented by the Union Territory of Pondicherry is the appellant in these appeals which are directed against the judgment of a Division Bench of Madras High Court in a batch of writ petitions filed by the respondents, arrack licensees of Pondicherry and Mahe. Civil Appeal Nos. 1543-1630 of 1984 pertain to Pondicherry territory while Civil Appeal Nos. 693 to 695 and 695-A pertain to Mahe territory. In the Union Territories of Pondicherry, Mahe and Karalkal, arrack licences are granted by way of auction. For the excise year 1981-82 (commencing from July 1, 1981 to June 30, 1982) auctions were conducted in June 1981. The writ petitioners were the highest bidders in respect of respective shops.

They made the necessary deposits and obtained permits to commence their business with effect from July 1, 198 1. The arrack licensees from Pondicherry territory also deposited the three months' rental at the inception of the excise year as required by the rules. Th...

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