SHIVRAM ENTERPRISES Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS L.P.A. is directed by the petitioner against the order dated 20.4.2000 passed by writ Court in W.P. No. 789/2000 filed under Article 226/227 of the Constitution of India whereby the petition was dismissed.

(2.) THE facts of the case, in brief, are that on 23.3.2000. Malipura Group of Liquor shops. Ujjain was auctioned for one year for a period from 1.4.2000 to 31.3.2001 by the Collector Ujjain in which the petitioner made bid of Rs. 9.90.00.101/ -. This hid was accepted by the Collector and the hid amount being more than 4 crores. therefore, in view of clause 6 of the Tender Notice (Annexure R -1). the matter was sent to the Commissioner Excise. M.P. Gwalior. for his approval and finalisation. On 30.4.2000 the respondent No.4 M/s Shambhu Marketing Ltd. made an application to the Commissioner and offered that if re -auction was held. he was willing to make hid of Rs.10,89,11.000=00 which was more than 10%, of the previous hid amount of Rs. 9,90,00,101/ - and enclosed a Banker's cheque of Rs. two crores as earnest money. The Commissioner taking into consideration the offer made by respondent No.4 passed order Annex. P -4 under Clause 17 read with clause 6 of the Tender Notice and cancelled the auction held on 23.3.2000 which was knocked down in favour of the petitioner and ordered for re -auction. The petitioner filed petition under Article 226/227 for quashing the order Annexure P -4 passed by respondent No.2. Commissioner. During the pendency of this petition. fresh auction took place in which respondent No.4 made the highest hid of Rs. 12.82,05.101/ - which was 33% more of first auction price (9.90,00.101/ -). The State opposed the petition and filed its return. The learned Single Judge of this Court after hearing both parties passed the impugned order and dismissed the writ petition. Hence, this appeal.

(3.) CLAUSES 12 and 17 of Excise Auction are reproduced below :