Gulatt, J. - (1.) THIS and the connect ed Special Appeal arise out of Civil Misc. Writ Nos. 1370 and 1600 of 1970 decided by a learned Single Judge of this Court by a common judgment dated September 30, 1970, both filed by the appellants in these appeals.
(2.) BRIEFLY stated the facts are these. Sometime in the month of February, 1970, the District Excise Officer, Lucknow, took a decision that the excise shop situated in Ganneywali Gali in the city of Lucknow shall continue to be at its old place and that shop along with others was auctioned on February 26, 1970. The appellants were the highest bidders, their bid being for a sum of Rs. 4, 28, 000/-. The bid was ac cepted by the District Excise Officer, Luck-now. The appellants complied with the conditions of the auction and on 31st March, 1970 purchased from the previous licensee all the furnitures and fittings of the shop and also the balance of the country liquor which remained unsold in the shop. Their licence was to start from April 1, 1970 and was to continue in force upto March 31, 1971. According to the appellants, Sushil Chander, appellant No. 1, went to the office of the District Excise Officer on April 1, 1970, to collect a provisional licence which is issued in accordance with the normal practice pending the final sanction of the bid by the Excise Commissioner. The pro visional licence, however, was not granted to him because of certain instructions re ceived from the Government. An order dated 31st March, 1970 was served upon the appellants to shift the shop by May 1, 1970, and in case that was not done, the shop was to be closed. Later on the same day another order was served upon the appellants requiring them to close the shop with with. Thus the appellants' shop was not allowed to function. Thereupon on April 7, 1970, the appellants filed Civil Misc. Writ No. 1370 of 1970, against the order of the District Excise Officer requiring the appellants to shift their shop to some other place. On April 13, 1970, a learned Single Judge of this Court passed the following ex part* interim stay order: "Till further orders of this Court, the respondents are restrained from interfering with the petitioners selling country liquor in the existing shop, provided the petitioners are otherwise entitled to sell country liquor but without taking into account the order directing to shift their shop. The respon dents will be at liberty to move this Court at any time for vacating this order, if neces sary." According to the petitioners' allegation when they received on April 21, 1970 a copy of the counter- affidavit filed on behalf of the Excise Department, they found a mention therein of an order of the State Government dated April 1, 1970, a copy whereof was annexed to the counter-affidavit as Annexure 'C- A.l', directing the District Magistrate, Lucknow, to close the appellants' shop forth with. The appellants have alleged that this order of the State Government was not serv ed upon them and they came to know of it for the first time on April 21, 1970, when a copy of the counter-affidavit was served upon them. This led to the filing of the second Writ Petition No. 1600 of 1970 which was filed on April 23, 1970 and was directed against the order of the State Gov ernment dated April 1, 1970 requiring the appellants to close their shop forthwith.
(3.) IN the meantime the Excise Commissioner passed an order dated April 29, 1970, refusing to accept the appellants' bid on the ground that the Government hav ing already closed the shop with effect from April 1, 1970, the question of the approval or the bid did not arise. Thereupon the appellants moved an application for amend ment of the Writ Petition No. 1600 of 1970 and as a result of the amendment allowed by the Court on May 21, 1970, the order of the Excise Commissioner dated April 29, 1970 was also challenged and a prayer was added for quashing that order of the Excise Commissioner. The appellants also moved an application dated May 7, 1970 for an interim relief and by an order of that date this Court stayed the operation of the order of the Excise Commissioner dated April 29, 1970 till further orders. Finally the two writ petitions were consolidated and were rejected by Hon'ble D. S. Mathur, J., on September 30, 1970. Hence these two ap peals.;