NILOTPAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner herein has questioned the decision of the State respondents in allowing the Respondent No. 7 to set up a bottling plant at Silchar Excise Warehouse and to award it the bottling contract of liquor, vide order dated 12. 4. 2000.

(2.) I have heard Mr. A. B. Choudhury, assisted by Shri J. Abedin, learned counsel for the petitioner, Mr. R. K. Bora, learned State counsel for the official respondents and Shri P. Borthakur, Sr. Advocate assisted by Mr. D. Sur, advocate for Respondent No. 7.

(3.) THE thumb nail facts necessary for comprehending the issues are that the petitioner is an educated unemployed youth interested in the business of Excise. He came across a news items in the issue dated 22. 7. 2002 of Daily 'dainik JUGASANKHA' to the effect that the Silchar Country Spirit Bottling Plant had been settled with the Respondent No. 7 on 12. 7. 2002 without inviting any tender thus depriving the local educated unemployed youth of the District of Cachar. On enquiry being made, he came to understand that the said bottling plant was settled with the private respondent as far back as on 12. 4. 2000. Two writ petitions being W. P. (C) 3976/2000 and W. P. (C) 5841/2000 had already been filed wherein interim orders have been passed for which the said Respondent could not start the operation of the bottling plant. The writ petitions, however, were eventually dismissed. Thereafter, by order dated 27. 6. 2002 the Commissioner of Excise, Assam, was asked to request the Deputy Commissioner, Cachar to ensure functioning of the bottling plant after complying with the conditions of the agreement. According to the petitioner, in the meantime, the Excise Superintendent had submitted a report to the Deputy Commissioner Cachar pointing out various difficulties in the matter of operation of the bottling plant being opposed to the terms and conditions of the agreement. The Deputy Commissioner, Cachar on receipt of the said report informed the Commissioner of Excise, Assam by his letter dated 19. 7. 2002 that it was thus not feasible to start operation of the bottling plant. Inspite of the above, the Addl. Commissioner of Excise, Assam by his letter dated 18. 7. 2002 requested the Deputy Commissioner Cachar to allow the private respondent to operate the plant.