BHIMSEN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners have challenged the process of selection for granting exclusive privilege in favour of Opp. Party Nos. 5 and 6 and have approached the extra -ordinary jurisdiction of this Court for issuing a Writ of mandamus with the direction to other Opp. Parties to select the petitioners as the sole qualified/eligible applicant for the privilege in respect of out -still shops of Gopalpur.

(2.) THE Government of Orissa in Excise Department as per its policy for the year 2005 -06 decided to grant exclusive privilege in respect of out -still liquor shops of Gopalpur in the district of Ganjam -Gajapati along with other districts for the remaining period with effect from 1.8.2005 (Annexure -1) under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act'). Accordingly, the erstwhile Revenue and Excise Deptt. Notification No. 634 -Ex -66/89 EX dated 1 9.4.1990 published in Issue No. 514 of the Orissa Gazette on 20th April, 1990 was amended vide order No. 2920 dated 28.4.2005 (Annexure -2). Pursuant to the said amendment, the Collector, Ganjam -Gajapati, invited applications on 13.7.2005 (Annexure -3) for allotment of the shops of Gopalpur and other shops in the district of Ganjam -Gajapati which was to be finalized by drawal of lottery on 28.7.2005 and the date was deferred to 11.8.2005. As per the amendment, the applicants are to submit solvency certificate to the tune of three times of the consideration money, i.e., Rs. 4 lacs in respect of Gopalpur shops. The petitioners furnished solvency certificate of Rs. 15 lacs for Gopalpur shops. The other four applicants were the competitors, but the application of one group (joint applicants Padmanava Jena and others) stood rejected for pendency of a case against one of them under the Act leaving three sets of joint applicants in the field.

(3.) THE Opp. Party Nos. 5 and 7 have filed counter with the averments that grant of exclusive privilege by way of lottery is not amenable to the Writ Jurisdiction as the same is appealable under the Act. According to them, vide Clause -3(xi)(n) under Annexure -3 the petitioners should have approached the Excise Commissioner without approaching the Writ Jurisdiction of this Court.