MANSAROVAR NIWAS PVT.LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN all these writ petitions since common question of law and facts are involved, they have been heard together and are disposed of by this common order.

(2.) THE writ petitioners have prayed for quashing the order as contained in letter No. 729/2005 dated 12.5.2005 whereby the Commissioner of Excise, Govt. of Jharkhand invited six persons for negotiation for the purpose of allotting tender for wholesale supply of country made liquor.

(3.) PETITIONERS ' case is that it was granted a licence in retail sale of foreign liquor for one district for the period July, 2005 to March, 2007. It is alleged that when settlement in pursuance of aforementioned notification could not be materialized, the Commissioner of Excise proposed an amendment in Clause 14 (kha) of the said notification and amendment was made vide notification dated 21.5.2004 and, thereafter the Excise Commissioner issued another notification on 10.1.2005 whereby he recalled the earlier amended notification dated 21.5.2004. The petitioners alleged to have fulfilled all the requirements and were not defaulters in terms of the first notification but inspite of that the tender of the petitioners was rejected on the ground of default. Not only that by order dated 12.5.2005 the Commissioner of Excise invited six persons for negotiation in relation to grant of exclusive privilege for wholesale supply of country liquor in different districts for the period ending March, 2008.