- (1.) By the Court.-An advertisement was issued by the District Excise Officer, Etah and the licensing authority ie., District Magistrate Etah jointly on 16th March 2010. It was published in the newspapers including Dainik Jagran, Agra dated 19th March 2010. The aforesaid advertisement invited applications for a newly created model shop of retail vend of liquor at a place "Sudhakar Pachauri Dwar Se Katra Chowki Jalaser" for the year 2010-11. According to the advertisement the license fee for the said shop for the above period was notified as 12,54,000/-, Rs. 1,25,400/- as security and Rs. 100,000/- as 'pratibhuti' amount. The applications in prescribed form were to be submitted with the process fee of Rs. 5,000/-. The application forms were notified for sale between 23.5.2010 to 22.3.2010 till 2.00 p.m., and the last date for deposit was 22.3.2010 till 5 p.m. In the case of receipt of more than one application, the lottery was to be drawn on 25.3.2010 at 11 a.m. at the collectorate.
(2.) The above advertisement annexure 1 to the writ petition has been assailed in the instant writ petition with a further prayer to command the respondents to re- advertise the above model shop on the allegation that the location of the shop was incorrectly described in the advertisement; the petitioner was interested in applying but was not issued the application form; the application of the respondent No. 5 alone was entertained and thus granting license to him illegally.
(3.) As the Court was prima-facie satisfied that the advertisement contained the wrong description of the place, it directed the Standing counsel to obtain instructions or to file counter-affidavit. Pursuant thereof, counter-affidavits have been filed, both on behalf of the State as well as by private respondent No. 5.;