BALESHWAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE point involved in both the writ applications are one and the same, as such they have been heard together and are being disposed of by this common order.

(2.) THE matter in both the cases is with regardto settlement of retail shops of country liquor and spiced country liquor in the district of Patna for the year 2005 -06. The petitioner of CWJC No. 3332 of 2005 was settlee of two retail shops in the district of Patna and in pursuance of sale notification of 2005 -06, he had not applied lorthe settlement of retail shops of country liquor/spiced country liquor and the petitioner of CWJC No. 3899 of 2005 has filed the application for settlement of retail shops of country liquor/spiced country liquor but his application has been rejected on 17.3.2005 on the ground that it was ineligible for non -fulfilment of certain terms and conditions of the sale notification.

(3.) THE grievance of the petitioners is that as in terms of the said notification they have to supply country liquor/spiced country liquor in bottles and up -till -now no decision has been taken with regard to wholesaler who has to supply the same in bottles on the ground that controversy about the bottles has not been settled, the holding of auction for settlement of retail shops for supply of country liquor/spiced liquor is redundant as even if the grant of licence is made from 1st April, 2005, the supply cannot be made by the settlee in absence of the supply in bottles and they would suffer because under the terms of sale notification they cannot claim refund of the apportionment on the aforesaid ground.