LAWS(PAT)-2015-6-62

JAI PRAKSH PRASAD Vs. THE STATE OF BIHAR

Decided On June 30, 2015
Jai Praksh Prasad Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsels for the petitioners in both the writ applications and learned counsel for the State.

(2.) Both the writ applications relate to the settlement of liquor shops of Group No. 63 and accordingly they were directed to be heard together.

(3.) The petitioner of CWJC Nos. 5861/2015, Jai Prakash Prasad was at Sl. Nos. 1 after the draw of lots for liquor shop of Group Nos. 63 and the petitioner of CWJC Nos. 6102/2012, namely, Laddu Chand Sah was at Sl. Nos. 2 after the draw of lots. The petitioner, Jai Prakash Prasad, who is also respondent Nos. 5 in the other writ petition, being the sole applicant for shops of Group No. 75 in Rohtas district was thus automatically the successful candidate for the said group but since he refused to take the settlement of the said excise shops, the security money of Rs. 10,65,000.00 which he had deposited for Group No. 63 shops was forfeited by the authorities. The petitioner Laddu Chand Sah thereafter filed CWJC Nos. 6102/2015 with the prayer to cancel the settlement made in favour of the respondent Nos. 5, Jai Prakash Sah with respect to shops of Group No. 63 and to grant settlement in favour of the petitioner with respect to the said shops. During the pendency of the writ application the shops of Group No. 63 have been settled with the petitioner and no issue remains between the petitioner and the State authorities.