2013 (12) TMI 227

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....s. 2. The petitioner challenges the re-auction notification issued by the Excise Department, Puducherry on the ground that she has fulfilled all the conditions of the confirmation order issued in her favour with respect to the Arrack Shops bearing Nos.4(O), Karuvadikuppam and 3(O), Pillaichavady. THE FACTS: 3. The Government issued a notification dated 3 June 2013 for granting lease of arrack shops in various areas in the Union Territory of Puducherry for the period from 01.07.2013 to 30.06.2014. The petitioner participated in the said auction. The bid submitted by the petitioner for the arrack shop No.4(O), Karuvadikuppam, Oulgarpet Municipality was the highest. The respondent provisionally accepted the bid and issued an order dat....

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....he Government proposed to conduct re-auction. The re-auction notification is challenged in these writ petitions. 5. The Deputy Commissioner (Excise) filed a counter affidavit in answer to the contentions raised by the writ petitioner. The Deputy Commissioner contended that the arrack shops in question were earlier taken on lease by G.Mathi @ Venkatesan S/o.Gopalsamy. He is a chronic defaulter. The said G.Mathi @ Venkatesan S/o.Gopalsamy conducted the arrack shops bearing Nos.3(A) Periaveerampattinam and 10(O) Kanapathychettikulam during the excise year 2012-13. He is in arrears to the tune of Rs.67,50,000/- and Rs.10,20,000/-, totalling a sum of Rs.77,70,000/- for the excise year 2012-13. 6. The Deputy Commissioner (Excise) found that....

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....The petitioner is prepared to pay the entire amount. The respondent agreed to permit the petitioner to conduct the arrack shops up to 30 June 2014, subject to the payment of amount indicated above by 28 November 2013. The petitioner is agreeable to pay the amount forthwith. Since the issues have been settled and the petitioner was agreeable to pay the entire arrears, I have directed her to pay the amount by 28 November 2013. 10. When the writ petitions were taken up for consideration today, the learned Government Pleader (Puducherry) submitted that the petitioner has paid the entire amount of Rs.39,77,308/- (Rupees thirty nine lakhs seventy seven thousand three hundred and eight only) after adjusting the Earnest Money Deposit. The petiti....