M RAMANARASIAH Vs. GOVERNMENT OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
GOVERNMENT OF ANDHRA PRADESH
Click here to view full judgement.
(1.)These are two writ petitions which may be conveniently disposed of under a single order since they raise an identical question.
(2.)The petitioners were given the lease of the Sendhi group of shops for the excise year 1969-70. Alleging that the area was hit by severe cyclonic storms on four occasions for 34 days spreading over from 16-10-1969 to 19-12-1969, they applied to the Government under Rule 129 of the Excise (Arrack and Toddy Licensee General conditions) Rules for remission of the monthly rentals. The Government after calling for reports from the local officers, rejected their applications by its orders dated 28th and 29th of September, 1970. It is to quash these orders the present Writ Petitions have been filed.
(3.)It is argued for the petitioners that the orders of the Government are highly arbitrary, based on irrelevant considerations and should, therefore, be set aside. On the other hand, the Government contends that the power under Rule 29 is purely a discretionary one and when the Government refused to comply with the petitioners request for remission, this Court cannot interfere in the matter.
Copyright © Regent Computronics Pvt.Ltd.