ROYAL INFRA & LOGS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and the learned counsel for the respondent State.

(2.) The appellants writ petitioners are aggrieved by the impugned Judgement dated 11.04.2019, passed by the Hon'ble Single Judge, in W.P.(C) No. 1312 of 2019, whereby the writ application filed by the appellants, claiming settlement of retail excise shops, which were allotted to the appellants in a lottery, was dismissed by the Hon'ble Single Judge.

(3.) The appellant No. 1 is an unregistered partnership firm having two partners, namely, Himangshu Mahato and Lalan Kumar Singh (the appellant No. 2), and both of them are citizens of India and are aged more than 21 years. The State of Jharkhand has promulgated its Rules for settlement and management of shops for retail vending of the licensed liquor in the State of Jharkhand, which is known as "Jharkhand Utpad (Madira Ki Khudra Bikri Hetu Dukanon Ki Bandobasti Awam Sanchalan) Nimayawali, 2018" (hereinafter referred to as the "2018 Rules"), which was notified vide notification dated 24.12.2018, making provisions for settlement of shops for retail sale of intoxicant liquors on the lottery basis. The said Rule has been framed under the provisions of Section 89 of the Jharkhand Excise Act, 1915.