KAMLESH KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the order dated 19th June, 2003 passed by the Excise Commissioner, Jharkhand, whereby and whereunder the petitioner 's claim for grant of exclusive/ special privilege for manufacture and wholesale supply of County Liquor for the period 2002 -2005 in Dhanbad zone has been rejected and communicated. Petitioner has also prayed for direction on the respondents to issue necessary orders in his favour granting exclusive privilege for manufacture and wholesale supply of Country Liquor in the Dhanbad zone.

(2.) THE brief fact of the case is that the respondents issued one tender notice on 12th January, 2002 calling for application for manufacture and wholesale supply of Country Liquor within the State of Jharkhand for the period from 1st April, 2002 to 31st March, 2005. The petitioner applied for grant of exclusive/special privilege for manufacture and wholesale supply of Country Liquor for the Dhanbad zone. According to petitioner, his application was approved by Member, Board of Revenue in consultation with the Excise Commissioner, Jharkhand and Deputy Commissioner of Excise, Jharkhand, Ranchi but no necessary order was passed. Subsequently, the Excise Commissioner, Jharkhand Ranchi by its letter No. 776, dated 5th July, 2002 directed the petitioner to produce certain documents and asked him to provide certain informations, such as (1) the amount deposited in the petitioner 'saccount with the Punjab National Bank, Gandhi Nagar Branch, Patna, as on 14th February, 2002 in support of his financial capability and the certificate granted by the Punjab National Bank, Gandhi Nagar Branch, Patna, (2) whether the amount deposited by petitioner in the Bank has been shown in the income tax clearance certificate or not and (3) what is his regular income and source of income. The petitioner submitted the relevant documents and also given information as was sought for. Further case of the petitioner is that the Excise Commissioner approved his candidature by his note dated 2nd August, 2002 which was also confirmed by the State Minister by his note dated 6th August, 2002. In spite of such approval, no order having been passed in his favour, he had to move before this Court in WP (C) No. 5710 of 2002 for grant of exclusive/special privilege. A bench of this Court vide its order dated 10th December, 2002 directed the Excise commissioner, Jharkhand to determine the petitioner 's claim, the writ petition was disposed of with such direction. But, thereafter, no decision having been taken within the time scheduled by the Court, the petitioner had to prefer a petition before this Court for initiation of proceeding for contempt of Court, being M.J.C. No. 310 of 2003. In the meantime, the Excise Commissioner, Jharkhand by a notice dated 5th October, 2002 asked the petitioner to clarify certain points and to submit proof relating to financial capacity to find out whether he is financially sound or not. The petitioner submitted his reply on 24th October, 2002.

(3.) COUNSEL for the petitioner submitted that the respondents cannot travel beyond the terms and conditions as mentioned in the tender notice. Extraneous reasons beyond the terms and conditions of the tender notice amounts to abuse of power.