RAJIV KUMAR, SON OF LAXMI NARAIN SAO, RESIDENT OF VILLAGE-DHAMAUL, P.S. DHAMAUL, DISTRICT NAWADAH Vs. THE STATE OF BIHAR THROUGH THE SECRETARY TO THE STATE GOVERNMENT EXCISE AND PROHIBITION DEPARTMENT, BIHAR, PATNA,

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is filed by one Rajiv Kumar to assert his right to dealership in respect of a group of liquor shops for country made liquor and a composite shop in Nawadah Municipal Council, pursuant to the sale Notification for the year 2012 -13. Pursuant to a public advertisement, the petitioner applied for licence for retail liquor shops "Group -7" in Nawadah Municipal Council. The settlement was made by auction in favour of one Prem Sagar. The licence granted to the said Prem Sagar came to be cancelled on 18th June 2012. Pursuant to the cancellation of the said licence, a fresh advertisement was issued for settlement of retail licence for "Group -7 shops". The public notice was issued on 30th June 2012 and the settlement was made in favour of the respondent no. 4 on the same day.

(2.) FEELING aggrieved, the petitioner has approached this Court. Learned Advocate Mr. Satyabir Bharti has appeared for the petitioner. He has submitted that sale Notification specifically mentions that in case of cancellation of settlement of licence made in favour of the first bidder, the settlement would be made in favour of the second bidder for the remaining period. In the submission of Mr. Bharti, in the auction conducted for the year 2012 -13, the petitioner was the second bidder. In case of cancellation of licence granted to Mr. Prem Sagar, it was the petitioner who was entitled to settlement of licence for the remaining period. Ignoring the said provision, the District Magistrate has granted the licence for the remaining period by auction sale to third person, the respondent no. 4. The petitioner was not aware of cancellation of licence granted to the aforesaid Prem Sagar; nor had he had the opportunity to compete in the auction sale conducted on 30th June 2012. Mr. Bharti has submitted that the petitioner is entitled to the settlement of licence in respect of "Group -7 shops" in Nawadah Municipal Council as a matter of right.

(3.) LEARNED Advocate Mr. Vinod Shankar Modi has appeared for the respondent no. 4. He has submitted that the respondent no. 4 was a bona fide bidder pursuant to the advertisement dated 30th June 2012. If at all the settlement has wrongly been made in favour of the respondent no. 4, the respondent no. 4 should not be put to a loss.