- (1.)THIS judgment shall govern the disposal of above mentioned writ appeals.
(2.)THESE appeals are filed by the appellant being aggrieved by the order dated 2-2-2000 passed by the learned Single Judge of this Court in W. P. No. 543/1999 and connected petitions. Initially these appeals were registered as lp A No. 39/2000, LP A No. 38/2000, LP A No. 36/2000 and LP A No. 35/2000 but were dismissed by this Court vide order dated 28-8-2006 on the ground that LP A is not maintainable in view of judgment of the Supreme Court in the case of jamshed N. Guzdar Vs. State of Maharashtra, (2005) 2 SCC 591. However, the said appeals were again restored and registered as writ appeal after coming into force of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal)Adhiniyam, 2005 (hereinafter referred to "the Adhiniyam, 2005" ).
(3.)BRIEF facts of the case are that the Excise Department had auctioned 19 shops of Group No. 1 including 2 shops of country liquor. The appellant M/s. Rama and Company being the highest bidder their bid was accepted. The auction was held for a period of 99 days and a licence was issued in favour of the appellant. The said licence contained a condition of lifting of minimum quantity of liquor, failing which the Collector was empowered to impose fine to the extent of Rs. 25. 00 per proof litre. It is alleged that the appellant could not lift the minimum quantity of liquor as agreed by him, therefore, a show-cause notice was issued to the appellant. The appellant submitted his reply to the said show-cause notice and the Collector after hearing the appellant has imposed a One to the extent of Rs. 10. 00 per proof litre.