BRIJ BHUSHAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing an order, dated 28-3-1987 passed by the Collector, Bhojpur, withdrawing the licence for country liquor shop granted to the petitioner and the order, dated 30-6-1987 passed by the Commissioner, Excise, dismissing the appeal of the petitioner against the order of the Collector.

(2.) On 24-2-1987, a notice was published inviting applications for settlement of retail of country liquor, in the district of Bhojpur, for the year, 1987-88. One of such shop which is the subject-matter of controversy, in the present writ application, was Arrah Chowk Country Liquor Shop. Pursuant to the notice the petitioner submitted his application for participation in the auction to be held on 13-3-1987. One Vikash Prasad (Respondent No. 6) was also an applicant. On 12-3-1987, a list of approved candidates, who were entitled to participate at the auction to be held on 13-3-1987, was prepared by the Collector, Bhojpur. The name of said Vikash Prasad was not included in that list. On 13-3-1987, said Vikash Prasad filed an application bsfor the Collector for reconsideration of his case. That request was turned down, by an order, dated 13-3-1987 passed by the Collector, Bhojpur.

(3.) It is the case of the petitioner that on 13-3-1987 a bid with respect to the shop aforesaid was held in which apart from the petitioner three more persons participated. It appears that the other three persons, who participated at the auction along with the petitioner, were the father of the petitioner and his two sons. At that auction the petitioner offered the highest bid of an amount of Rs. 27,600 per month. It is said that the money could not be deposited because of some "hue and cry raised by said Vikash Prasad and his associates on the very day of the auction". In spite of being the highest bidder at the auction aforesaid, when no settlement was made in favour of the petitioner, he filed a petition on 19-3-1987 before Shri Thomas Hansda, the State Minister of Excise, for a direction to the Collector for taking further steps on the basis of the auction held on 13-3-1987. The State Minister of Excise, by a letter, dated 21-3-1987, a copy whereof has been annexed to the supplementary counter-affidavit filed on behalf of the State Officials, requested the Collector, Bhojpur that if the petitioner had offered the highest bid on 13-3-1987, then he should be allowed to deposit the money and the licence be issued to him. On the basis of the aforesaid direction, the Collector, Bhojpur, passed an order on 23-3-1987 that the licence be issued to the petitioner. On 23-3-1987 itself, a licence was issued to the petitioner which was commence with effect from 1-4-1987.