- (1.) This writ petition is filed under Article 226 of the Constitution of India whereby and whereunder the advertisement issued by the respondent No.2 and published in the daily newspaper namely, 'Prabhat Khabar' as contained under Annexure-2 is under challenge by which the applications were invited for setting up of shops for sale of liquor in the State of Jharkhand.
(2.) It is the case of the petitioner that one rule has been enacted upon by the State of Jharkhand in the name of Jharkhand Excise (Control and Settlement of Retail Sale of Liquor) Rules, 2018 wherein under Rule 10 the procedure of sale notification has specifically provided that the sale notification would be published in the daily newspaper with specific stipulation therein with the name of shops which is to be settled by giving particular location but as would be evident from the advertisement that no such stipulation has been made, therefore, the said advertisement published as per Rule, 2018, is not sustainable.
(3.) Mr. Prabhat Kumar Sinha, learned S.C.-IV, appearing for the State- respondent, has submitted that the locus of the petitioner is that he has not participated in terms of the said advertisement since there is no settlement to that effect and as such on the ground of locus itself the writ petition may be held to be not sustainable. He further submits that the pleading made in the writ petition suggests that the same is in the nature of public interest and therefore, the adversary litigation like the instant writ petition may not be entertained. His further submission is that the advertisement has been made, in pursuance thereto, the bidders have participated in the bids for settlement of shops and the settlement has also been finalized and now the settlee are carrying on their business as such the third party rights has been created in favour of the settlee, in view thereof, also the writ petition is not maintainable since the petitioner has not impleaded the settlee of the shops in pursuance to the advertisement in question as party to the proceeding. ;