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PETITIONER: K. N. GURUSWAMY
Vs.
RESPONDENT: THE STATE OF MYSORE AND OTHERS.
DATE OF JUDGMENT: 24/05/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 592 1955 SCR 305 CITATOR INFO : D 1960 SC 350 (8,16) R 1963 SC 264 (5) R 1965 SC1992 (10) R 1973 SC 205 (3,4) D 1974 SC 651 (18) RF 1977 SC1496 (18) D 1984 SC1030 (17) R 1985 SC1147 (14) RF 1988 SC 157 (8)
ACT: Constitution of India, Art. 226-Writ of mandamus-Mysore Excise Act, 1901, rules.T (1 and 2), II(8 and 10)--Auction of liquor shops-Sale knocked down to highest bidder -Sale subject to confirmation by Deputy Commissioner-Sale cancelled by Excise Commissioner on a higher offer-Deputy Commissioner directed to accept the tender-Tender accepted- Whether wrong--Whether a writ of mandamus should issue under the circumstances.
HEADNOTE: The appellant G and the fourth respondent T were rival liquor contractors for the sale of a liquor contract for the year 1953-54 in the State of Mysore. The contract was auctioned by the Deputy Commissioner under the authority conferred upon him by the Mysore Excise Act, 1901. The appellant’s bid was the highest and the contract was knocked down in his favour subje...