R KISTAYYA Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-1-4
HIGH COURT OF ANDHRA PRADESH
Decided on January 09,1971

R.KISTAYYA Appellant
VERSUS
STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT, HYDERABAD Respondents

JUDGEMENT

- (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 their shops.;


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