S.J.MUKHOPADHAYA, J. - (1.) AS all these cases arise out of a common Notice Inviting Tender (N.I.T. for short) and almost similar questions raised, they were heard together and are being disposed of by this common order.
(2.) BY the order of the Member, Board of Revenue, Ranchi, the Commissioner of Excise, Jharkhand, Ranchi issued one N.I.T. Gazetted on 12th January, 2002, published in the News paper "Prabhat Khabar" on 21st January, 2002, inviting tenders for bottling/sacheting and wholesale supply of country liquor for the period from 1st April, 2002 to 31st March, 2005, interested parties were asked to submit tender papers by 3 p.m. on 16th February, 2002. The petitioner - Nand Khisore Jaiswal of W.P. (C) No. 2251 of 2002 has challenged the aforesaid N.I.T. published in the newspaper "Prabhat Khabar" on 21st January, 2002 on the ground that it is beyond the competence of the Member, Board of Revenue, Ranchi or the Commissioner of Excise, Jharkhand, Ranchi. The said petitioner also sought for a declaration that the Jharkhand Government has no power to levy excise duty on rectified spirit/countiy spirit, but the said prayer at Clause 'B ' to paragraph -1 of the said writ petition was not pressed by the counsel for the petitioner -Nand Kishore Jaiswal at the time of hearing of the case. The respondents having granted exclusive/ special privilege under Section 22 -D of the Bihar Excise Act, 1915 in favour of some of the persons, namely, (i) Ramji Prasad; (ii) M/s. Majestic Liquor Pvt. Ltd; (iii) M/s. K.D. Liquor and Fertilisers Pvt. Ltd.; (iv) Kumar Bottlers Pvt. Ltd; and (v) Abhay Kumar, the petitioner have also challenged the orders. The main question raised in WP (C) No. 2251 of 2002 is whether the Member, Board of Revenue, Ranchi has jurisdiction to grant exclusive/special privilege for bottling/ sacheting and whole sale supply of country liquor under Section 22 -D of the Bihar Excise Act, 1915o r not.
(3.) THE petitioner, Nand Kishore Jaiswal of WP (C) No. 2251 of 2002 has challenged the N.I.T. dated 12th January, 2002 on the following grounds : (i) Under Section 22 of the Bihar Excise Act, 1915 and rules framed thereunder, it is only the State Government who is competent to grant exclusive/special privilege for bottling/sacheting and whole sale supply of country liquor, the Member, Board of Revenue, Ranchi or the Excise Commissioner, Ranchi has no jurisdiction to issue N.I.T., nor has any jurisdiction to grant such exclusive/special privilege; (ii) By notification No. 470 -F dated 15th January, 1919, the State Government delegated certain powers to the Member, Board of Revenue or the Excise Commissioner of the State to grant exclusive privilege of manufacture and sale of country liquor under Section 22 of the Bihar Excise Act, 1915 , it is not applicable for grant of exclusive/special privilege under Section 22 -D of the Bihar Excise Act, 1915; (iii) The N.I.T. dated 12th January, 2002, has been issued in violation of clause 21 -B, Chapter V of the instruction issued by the Board of Revenue under the Bihar Excise Act, 1915 . ;