SHONDIK TRADERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner, M/s. Shondik Traders initially filed a writ application for direction to the State authorities to act in terms of the judgment and decree dated 29.5.2000 passed in Title Suit No. grant of additional licence for wholesale vending of Indian Made Foreign Liquor (hereinafter referred to as "IMFL") and Beer and the subsequent steps taken and the settlement made in pursuance of that in favour of respondent no. 7. The State of Bihar preferred a First Appeal No. 207. of 2002 in this High Court against the said judgment and decree.

(2.) THE petitioner filed an application in the First Appeal for withdrawal of the Suit itself and the said prayer has been allowed by this Court, the result is that the judgment and decree forming the basis of filing the writ application has been set aside. The petitioner thereafter filed an application for amendment of the writ application where prayer was made to quash the advertisement, the approval granted by the Commissioner of Excise vide letter dated 22.1.2001 sanctioning an additional licence for whosesale vending of IMFL and Beer and the consequential steps taken in pursuance of that including the settlement made in favour of Respondent no. 7.

(3.) THE matter was placed before the Commissioner of Excise. He considered the matter and sanction/approval was granted in exercise of the powers under Section 35 of the Bihar Excise Act. In pursuance of this, an advertisement was issued on 18.6.2001 inviting applications from eligible candidates for settlement of wholesale licence fixing 30th June, 2001 as the next date. However, the settlement could not be made on that day for certain reasons, which are not necessary to be stated in this case and, the matter was adjourned to 4.7.2001. On that day respondents no. 7, 8 and other applicants including Manoj Gupta, a partner of the present firm appeared with the documents and participated in the settlement. As there were more than one candidate the settlement was made through the process of lottery, respondent no. 7 was selected and settlement was made in his favour on 4.7.2001 for remainder period of 2001 -2002 and that was renewed for the period 2002 -2003.