9911796707
TMI Blog2014 (4) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... f provisional order of allotment - Denial of rightful claim for preferential right under Rule 5(1)(a) of the Rules, 2002 - Held that:- The Excise Commissioner, the common first respondent in these writ petitions, shall issue notice of hearing to the petitioners as also the party respondents before passing orders invoking the powers under Rule 5(15) of the Rules in respect of the aforementioned sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the commonness of the grievances of the petitioners and the issues involved in these writ petitions, they are taken up for joint consideration and disposal. The petitioners in the captioned writ petitions claim preferential right under Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 (for short the 'Rules'). According to them, their rightful claim for preferential right in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the shops concerned. Evidently, the toddy shops mentioned hereinbefore have already been allotted provisionally in favour of the respective additional seventh respondent in these writ petitions. Going by Rule 5(15) of the Rules, no sale made by the officer conducting the sale shall be deemed final as against the Government unless confirmed by the Commissioner of Excise and the Commissioner s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... voking the power under Rule 5(15) of the Rules, the said respondent may be directed to consider the question of entitlement of the petitioners for preferential right under Rule 5(1)(a) of the Rules before passing orders on the provisional allotment and to pass order under Rule 5(15) subject to such decision. 2. I have heard the learned counsel for the petitioners, learned counsel for party res ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
