Decided on April 01,2021

Dipankar Majumder Appellant


S.G.CHATTOPADHYAY,J. - (1.) This writ petition has been filed challenging the order dated 08.07.2020 Annexure-18. of the Collector of Excise, Gomati District granting licence in favour of respondent No.5 permitting him to open a shop at Bagma market in Udaipur for retail sale of foreign liquor.
(2.) The factual background is as under: The District Collector of Excise, Gomati District, Udaipur (respondent No.4) issued notice inviting e-tender (DNIT) dated 17.01.2020 vide Annexure-1 of the writ petition for settlement of retail vend of foreign liquor at various locations in Gomati District including Bagma market area. By the said notice, the intending tenderers were asked to submit their e-tender to the Collector of Excise at Udaipur by uploading the same within 21 days from the date of publication of the e-tender and it was also mentioned in the said tender notice that there would be 2 (two) parts of tender, viz. (i) technical part, and (ii) financial part. The notice also contained the principles to be observed in granting licence for such liquor shop in terms of Rule 26 of the Tripura Excise Rules, 1990.
(3.) The petitioner as well as respondent No.5 along with others participated in the said e-tender process by uploading their e-tender on the official web portal of respondent No.2. Receipt of petitioner's bid was acknowledged by the respondent vide bid acknowledgment dated 06.02.2020 which is annexure-2 to the writ petition. Along with his bid, petitioner also deposited a sum of Rs.3,41,177/- with the said respondent as earnest money vide payment details dated 06.02.2020 at Annexure-3. Petitioner also submitted a statement of his immovable property vide Annexure-4, the details of his bank accounts containing the cash balance maintained by him in those accounts vide Annexure-5, copy of his Permanent Account No. (PAN) vide Annexure-6, copy of his Aadhar card vide Annexure-7 and his letter dated 06.02.2020 whereby he submitted his tender vide Annexure-8.;

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