LAWS(GAU)-2014-3-39

BIKASH CH. REGON Vs. STATE OF ASSAM

Decided On March 03, 2014
Bikash Ch. Regon Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) All the writ petitions challenging the judgment of the Assam Board of Revenue and raising the same basic issue, have been heard analogously and are being disposed of by this common judgment and order. The basic issue involved in this proceeding is the determination of viable rate in selecting tenderer for settlement of country spirit shops in Lakhimpur District for the term 2013-2016.

(2.) In this writ petition, the country spirit shop involved is Hatilung country spirit Shop. Being aggrieved by the settlement made in favour of the petitioner pursuant to the tender process, the respondent No. 4 challenged the settlement by preferring an appeal being Case No. 7E(L)/2013 in the Assam Board of Revenue. The appeal having been allowed by judgment dated 22.08.2013 on the ground of proper procedure as per the Excise Law having not been followed while making the settlement and also the settlement being against the economic policy of the State Government, the settlement holder, i.e., the petitioner has filed the instant writ petition.

(3.) In this writ petition, the country spirit shop involved is Bihpuria Country Spirit Shop No. 4. In this writ petition also the Assam Board of Revenue, vide its judgment dated 22.08.2013, passed in Case No. 24E(L)/2013, having set aside the settlement made in favour of the petitioner on the aforesaid ground of proper procedure as per the Excise Law having not been followed while making the settlement and also the settlement being against the economic policy of the State Government, the petitioner has filed the writ petition.