TAPAN KUMAR SAHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the following prayers have been made:-

(2.) The brief facts of the case of the petitioner is that in pursuance to the enactment of a Rule under the provision of Section 90 of the Bihar and Odissa Excise Act, 1950, the State of Jharkhand has come out with a rule known as Jharkhand Utpad (Madira ke Khudra Bikri Hetu Dukano ki Bandobasti Avam Sanchalan) Niyamawali, 2018 which was notified vide notification dated 24.12.2018 for settlement and grant of liquor retail shops in the State of Jharkhand, in pursuance thereto, the applications have been invited from one or the other expected settlees for settlement of the liquor retail shops.

(3.) In pursuance thereto, the petitioner has participated in the process of bid by submitting the relevant documents, one of the documents is the Permanent Account Number and the I.T.R. showing therein the income of more than 2.5 lakhs for the financial year 2016-17 and assessment year 2017-18. After scrutiny of the document, the petitioner has been found to be technically qualified and thereafter his application has been considered to be a part of the selection process which was conducted through the process of lottery in which the petitioner has been found to be successful for the settlement of two shops i.e., SBG_CF_15 and SBG_CM_14 but subsequent thereto, he has been informed that the shops would not be settled since there is discrepancy in the permanent account number as because at the time of submission of application form the reference of permanent account number has been referred as JULPS4722K while in the income tax return verification form for the assessment year 2017-18, the permanent account number has been shown to be as EYIPS3928F and therefore, his candidature has been rejected against which the present writ petition has been filed.