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State Of Orissa And Ors vs Harinarayan Jaiswal And Ors on 14 March, 1972 cites

Krishna Kumar Narula Etc vs The State Of Jammu And Kashmir & Ors on 1 March, 1967

The power that the government reserved for itself under that clause is nothing more than what was conferred on it by the legislature under s. 22 and s. 29 of the Act. It is not possible to challenge the validity of the order made without challenging the validity of s. 29 itself. It is true that this Court has ruled that the right to trade in intoxicating drugs is also a right to carry on any trade or business within the meaning of Art. 19 (1) (g) see Krishna Kumar Narula v. Jammu Kashmir State and ors(1).
Supreme Court of India Cites 20 - Cited by 59 - K S Rao - Full Document

Cooverjee B. Bharucha vs The Excise Commissioner Andthe Chief ... on 13 January, 1954

does not change legal position once its exclusive right to deal with those privileges is conceded. If the Government is the exclusive owner of those privileges, reliance on Art. 19(1)(g) or Art. 14 becomes irrelevant. Citizens cannot have any fundamental right to trade or carry on business in the properties or rights belonging to the Government, nor can there be any infringement of Art. 14, if the Government tries to get the best available price for its valuable rights. The High Court was wholly wrong in thinking that purpose of ss. 22 and 29 of the Act was not to raise revenue. Raising revenue as held by this Court in Cooverjee Bharucha's case (supra) was one of the important purposes of such provisions. The fact that the price fetched by the sale of country liquor is an excise revenue does not change the nature of the right. The sale in question is but a mode of raising revenue. Assuming that the question of arbitrary or unguided power can arise in a case of this nature, it should not be forgotten that the power to accept or reject the highest bid is given to the highest authority in the State i.e. the Government which is expected to safeguard the finances of the State. Such a power cannot be considered as an arbitrary power. If that power is exercised for any collateral purposes, the exercise of the power will be struck down. It may also be remembered that herein we are not dealing with a delegated power but with a power conferred by the legislature.
Supreme Court of India Cites 17 - Cited by 171 - M C Mahajan - Full Document

Rohtas Industries Ltd vs S.D. Agarwal & Anr on 16 December, 1968

The High Court erroneously thought that the Government was bound to satisfy the Court that there was collusion between the bidders. The High Court was not sitting on appeal against the order made by the Government. The inference of the Government that there was a collusion among the bidders may be right or wrong. But that was not open to judicial review so long as it is not proved that it was a make- believe one. The real opinion formed by the Government was that the price fetched was not adequate. That conclusion is taken on the basis of Government expectations. The conclusion reached by the. Government does not affect any one's rights. Hence, in our opinion the High Court misapplied the ratio of the decision of this Court in Barium Chemicals Ltd. and anr. v. Company Law Board and ors.(1) and Rohtas Industries Ltd. v. S. T. Agarwal (2) . It was next urged that having had recourse to the auction method once, the Government was precluded from either calling for tenders or to sell by negotiation. The High Court has accepted that contention. We are unable to agree with the High Court in its conclusion. Neither the provisions of the Act nor the order issued by the Government lend any support to such a conclusion.
Supreme Court of India Cites 45 - Cited by 236 - K S Hegde - Full Document
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