S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner against the order dated 12th April, 2003 passed by the Member, Board of Revenue, Jharkhand, Ranchi in Case No. 16/2003, whereby and whereunder, the application of petitioner for grant of exclusive privilege/licence for manufacture and wholesale supply of spiced country liquor in the State of Jharkhand has been rejected.
(2.) THE case of the petitioner is that the petitioner is a Company incorporated under the Companies Act, 1956 having its registered office at Gandhi Road, Dhanbad in the State of Jharkhand. The Member, Board of Revenue, Jharkhand issued a Gazette Notification on 30th January, 2002 publishing Notice Inviting Tender (N.I.T. for short) dated 29th January, 2002 for grant of exclusive privilege for manufacture and whole sale supply of spiced country liquor in the State of Jharkhand for the period from 1st April, 2002 to 31st March, 2005, dividing the area of supply into five zones, each zone consisting of several districts. The petitioner also applied for grant of exclusive privilege for manufacture and whole sale supply of spiced country liquor for the entire Jharkhand State i.e. for five zones. Further case of the petitioner is that the State Government vide Notification No. 470, dated 15th January, 1919 delegated the power under Section 22 of the Bihar (now adopted as Jharkhand) Excise Act, 1915 (for short Excise Act) to the Member, Board of Revenue to grant exclusive privilege for manufacture and whole sale supply of country spiced liquor. The State has not delegated any power for grant of special privilege under Section 22 -D of the Excise Act to the Member, Board of Revenue.
(3.) IN the N.I.T., certain conditions were laid down by the respondents such as : (i) the applicant can be distiller or non -distiller of the State of Jharkhand or a distiller of any other State; (ii) every applicant should deposit Rs. 1.5 lacs as security money along with the tender papers; (iii) every applicant to submit Project Report showing price on which the applicant is willing to supply spiced country inquor; (iv) details about the procurement of plant and machinery and other equipments for manufacture and whole sale supply; (v) details for procurement of necessary fund; and (vi) the following documents : (a) income tax clearance certificate; (b) sales tax clearance certificate from the place where it is gestered as a Dealer; (c) character certificate from the concerned District Magistrate certifying the permanent place of residence or the regular place of business. But if it is a Company, such certificate is not required, rather it has to produce a certificate from the Company Secretary to the effect that it is not under liquidation; (d) the list of all the Partner/Directors along with their full address, registration certificate under Memorandum of Article of Association. ;