S. Chandrashekhar, J. - (1.) SEEKING quashing of order dated 11.09.2014 of Technical Committee constitute by the State of Jharkhand, rejecting the bid of the petitioner -company, the present writ petition has been filed.
(2.) AT the outset, the learned counsel for the respondent -State of Jharkhand submits that the controversy involved in the present writ petition has already been adjudicated and finally decided by this Court in "Chhattisgarh Distilleries Ltd., Kolkata through its Director v. State of Jharkhand and Others" [W.P(C) No. 5056 of 2014] and therefore, the present writ petition is liable to be dismissed. Briefly stated, one Ramji Prasad director of the petitioner -company has been operating as a wholesale manufacturer, supplier and dealer of country liquor in the State of Jharkhand between the period 2002 to 2008. The said Ramji Prasad was granted wholesale dealership for the period 2008 to 2011 also however, a dispute arose with respect to licence fee for the period between August, 2008 to March, 2009. Case No. 12 of 2009 was filed which was allowed vide order dated 18.12.2010 holding that he was not liable to be pay licence fee for the aforesaid period. Subsequently, the petitioner -Awadh Associates Pvt. Limited was incorporated as private limited company which took over business of said Ramji Prasad. The petitioner -company which participated in the tender for appointment of wholesale dealer in the State of Bihar has been found eligible by the Excise Department, Government of Bihar. Pursuant to Notice Inviting Tender for grant of exclusive privilege for manufacture and supply of country liquor for sachets in bottle specified in Schedule -1 for the period between 01.10.2014 to 31.03.2018, the petitioner submitted its bid annexing the certificate issued by the Excise Assistant Commissioner, East Singhbhum certifying that the said Ramji Prasad had two years requisite experience. It is further stated that Clause 16(ix) of the Notice Inviting Tender (NIT) is ultra vires Rule 53A to the rules as contained in Notification No. 471F dated 15.1.1919.
(3.) HEARD the learned counsel for the parties.;