R KISTAYYA Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT, HYDERABAD
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(1.) 1. These two writ petitions may be conveniently disposed off by
a common order as they raise common questions.
In writ petition No. 226 of the 1971 the Abkari auctions in
respect of Malakpet group of Sendhi shops were held in the month
of August 1970. The petitioners were the highest bidders at a
monthly rental of Rs. 87,512/-. They have also deposited the three
months rentals and two per cent earnest money on the annual
rentals- In addition, they also paid a sum of Rs, 64,670/- towards tree
tax for the first cut. After they paid these amounts, they were
granted the necessary licence on the basis of which they
commenced selling sindhi from first October 1970.
(2.) In writ Petition No. 22/ of 1971 the auction was conducted in
the month of August 1970 for the Komati Kunta group of Sendhi
shops. The petitioners were the highest bidders at a monthly
rental of Rs. 67,512/-. They also deposited three months rentals and
two percent earnest money. They further paid the tree tax for the
first cut. They were also granted a licence after these payments and
commenced the business of selling Sendhi, from 1-10-1970.
(3.) The petitioners in both the petitions opened their shops in
several places for selling Sendhi. But these shops were not opened
and run at the places which were fixed under the licences granted to
them. The licences specified the boundaries of the places where the
licensees should hold their shops. But the petitioners opened their
shops any where they liked. It is the contention of the petitioners
that they have a right to open the shops anywhere within the area,
even after the issue of a licence where under boundaries were specified.
The respondents objected to the petitioners' running the shops at
places other than those indicated in the licences. It is alleged that
the respondents prevented the petitioners from selling sendhi from
the shops opened by them. Consequently the petitioners closed
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