M K ENTERPRISES Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ applications are connected matters and as such they have been heard together and are being disposed of by this common order.

(2.) THE matter relates to grant of exclusive privilege for manufacture and wholesale supply of country liquor and spiced liquor for the period 2002 to 2005. Tender notice was issued on 16.1.2002 and the last date for submission of tender paper was 27.2.2002. It appears that tenders were opened after expiry of last date and scrutiny was made by the Committee. In the meantime, one Dr. Ajay Kumar Singh filed C.W.J.C. No. 5020 of 2002 before this Court for a direction to conduct a thorough inquiry for grant of exclusive privilege and licence. While the matter was pending, the Department started the process of settlement.

(3.) THIS Court noticed that there was no stay order passed by this Court. Accordingly, by order dated 3.4.2003 the State Government was directed to take steps for grant of exclusive privilege for manufacture and supply of wholesale country liquor and spiced country liquor within a period of one month, a copy of which has been annexed as Annexure -3 to the writ application. The operative part of the order passed by this Court was to take steps and make settlement within a period of one month from the date of passing of the order on the ground that other formalities have been complied with. This Court further observed that the settlement should be made in accordance with law and no settlement should be made to the person who is defaulter or has not complied with the other conditions of the tender notice.