KAUSHAL KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India has been filed for quashing the advertisement dated 23.3.2005 published in the daily newspaper Hindustan for settlement of Indian Made Foreign Liquor (hereinafter referred to as I.M.F.L.) wholesale licence in the district of Saharsa for the year 2005 -06 and the settlement made in favour of respondent No. 5 Diwakar Singh.

(2.) THE challenge to the advertisement and the settlement has been made on the ground that though in terms of the advertisement (Annexure -1) published on 23.3.2005, the application in the prescribed form was to be submitted within 15 days, the authority before the expiry of the said period made settlement in favour of respondent No. 5, thus, depriving the petitioners right to participate in the settlement of IMFL sale to trade licence.

(3.) 4.2005. He also came to know that there were four applicants for the settlement, out of which applications of three were rejected and the settlement was made in favour of respondent No. 5. Consequently, the petitioner made a representation on 6.4.2005 (Annexure -3) but the authorities did not pay any heed. Hence the writ application. 4. The stand of the respondent -State and respondent No. 5 is that the Collector, Saharsa had requested the Director General Information and Public Relations vide his letter dated 12th March, 2005 which is 15 days before the date of settlement (29th March, 2005) and as such there was no confusion in the advertisement. Thereafter, the advertisement was made and in pursuance of the advertisement, four persons submitted their applications and the Collector having found respondent No. 5 suitable in all respects made the settlement in his favour on 4.4.2005. Thus, according to the stand of the State and respondent No. 5, the settlement has been made in terms of the advertisement and no favour has been shown to respondent No. 5.