Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Excise (Lease of Right of Retail Vend of Liquors) Rules 969: Rule/8(/) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Excise (Lease of Right of Retail Vend of Liquors) Rules, 1969: Rule 18(1)-Security deposit-Forfeiture of-Highest bidder failed to execute lease deed and furnish security deposit under R.17(1)(b)-State Government accordingly cancelled the bid and forfeited the bidder's deposit made under R.13(2)-Correctness of-Held: Once Government has exercised its discretion under R.18 to cancel the bid forfeiture of the amount deposited is a consequence to the said act of cancellation Government has no discretion whether to exercise the right of forfeiture or not-Hence, State Government is right is cancelling the bid and forfeiting the deposit made under R. 13(1). Words and Phrases: ''Shall be liable to be forfeited"-Meaning of-In the context of R.18(1) of the Karnataka Excise (Lease of Right oi Retail Vend of Liquors) Rules, 1969. The respondent was given a temporary licence for retail vend of arrack under the Karnataka Excise (Lease of Right of Retail Vend of Liquors) Rules, 1969 for which the respondent , deposited a certain amount under Rule 13(1). But the respondent failed to make the deposit under Rule 17(1)(b) and also did not execute the lease deed under Rule 16. However, the appellant extended the temporary licence up to a certain period and thereafter the appellant, exercising power under Rule 18(1), cancelled the respondent's bid and forfeited the amount deposited under Rule 13(1). But the High Court allowed the respondent's writ petition on the ground that the appellant-State had the discretion whether to exercise the right of forfeiture or not under Rule 18 and directed the appellant to pass a fresh order after giving an opportunity of hearing to the respondent. Hence this appeal. |
Judge | Honble Mr. Justice B.N. Kirpal |
Neutral Citation | 2002 INSC 99 |
Petitioner | State Of Karnataka And Ors. |
Respondent | Saveen Kumar Shetty |
SCR | [2002] 2 S.C.R. 49 |
Judgement Date | 2002-02-26 |
Case Number | 1673 |
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