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TMI Blog2014 (4) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... gistration of an abkari case and consequential cancellation of the license should not have been assigned as a reason for rejecting his claim for preferential right under Rule 5(1)(a) of the Rules owing to his acquittal as per Ext.P1 judgment. In the circumstances, the said rejection was based on a non-existent ground and therefore, the petitioner's claim for preference calls for a fresh consideration. Accordingly, Ext.P5 is set aside. Consequently, there will be a further direction to the fourth respondent to restore Ext.P3 application and consider the claim of the petitioner for preference in terms of Rule 5(1)(a) of the Rules and pass appropriate orders thereon taking into account whether the petitioner satisfies the requisite conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as per the said G.O. dated 22.02.2014, no amendment was brought to the second limb of Rule 5 (1)(a) of the Rules. 2. I have heard the learned counsel for the petitioner and the learned Government Pleader. In the context of the aforesaid contention of the petitioner it is only appropriate to refer to Rule 5(1) (a) of the Rules and the same reads thus:- 5.The grant of privilege of vending Toddy shall be subject to the following conditions, namely:- (1)(a) While giving privilege, preference shall be given to those licensees who has conducted toddy shops during the preceding three years consecutively from [2006-07, 2007- 08 and 2008-09] provided no Abkari case is registered against him other than under section 56 of the Abk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the said rejection was based on a non-existent ground and therefore, the petitioner's claim for preference calls for a fresh consideration. Accordingly, Ext.P5 is set aside. Consequently, there will be a further direction to the fourth respondent to restore Ext.P3 application and consider the claim of the petitioner for preference in terms of Rule 5(1)(a) of the Rules and pass appropriate orders thereon taking into account whether the petitioner satisfies the requisite conditions for preference in terms of the latter limb of Rule 5(1)(a) of the Rules. Till such consideration, the respondents shall not confirm the sale of Toddy Shop No.57 under group XV of Thrithala Excise Range in Palakkad District even if it is already conducted. Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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