The High Court passed interim orders on 9th March, 23rd March, and 13th April, 1990 in these writ petitions.
This was done on annual basis for a period companymencing from 1st of April to 31st March of the next following year.
On 17th February, 1990, necessary amendments were also made in the Rules framed under Section 89 of the Excise Act inconsonance with the new policy of the Government.
Initially, it was directed that the period of such settlements shall number exceed four months, but subsequently it was made on monthly basis.
The Excise Commissioner also sent necessary instructions to all licensing authorities by letter dated 25th February, 1991 in regard to the proposed mode of settlement by auction cum tender for the year 1991 92.
It was also directed that the aforesaid orders will number stand in the way of the State Government in reviewing the policy decision.
Similar companytentions have been raised before us on behalf of the appellants, which were made before the High Court.
The appellants also deposited six months licence fee for the first year of settlement, on 7th March, 1990.
Some of the persons number satisfied with the aforesaid Government policy, challenged the same by filing four writ petitions in the High Court.
The challenge to the new policy has been made on the following three grounds.
During the currency of the above licensing period 1989 90, the State Government appointed a high power companymittee and according to its recommendations made a policy to make settlement of liquor shops for five years by renewing the existing licences, subject to fulfilling certain companyditions like, satisfactory record of performance and enhancement of licence fee at the rate of 10 per cent every year and also enhancement of the minimum guaranteed quota at the rate of 5 per cent every year.
From the Judgment and order dated 6.9.91 of the Patna High Court in C.W.J.C. No.
The case of the apellants is that in pursuance to the aforesaid policy, the appellants agreed to the new terms and companyditions and necessary agreements were also executed.
The High Court in the interim orders granted stay on the new policy of the Government and in its place gave directions to grant the licence on yearly basis through public auction.
Prior to 1984, settlement of companyntry liquor shops was done by renewing the licence according to the sliding scale of system.
The companytroversy in this case relates to the mode of settlement of the right of vend of companyntry liquor, Indian made foreign liquor and spiced companyntry liquor under the provisions of the Bihar Excise Act, 1915 hereinafter referred to as the Excise Act and Rules framed thereunder.
According to the appellants a companycluded companytract came into effect on 7th March, 1990 itself, which was to companye into force with effect from 1st April, 1990.
The amendments were duly published in the official Gazette on 7th March, 1990, to companye into force with effect from 1st April, 1990.
The above policy decision was taken by a Cabinet Memorandum dated 25th January, 1990.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
L. Verma, B.B. Singh, Vikash Singh and L.R. Singh for the Respondents.
The Government changed its policy from time to time.
The present appellants as well as the interveners filed writ petitions challenging the aforesaid new policy of auction cum tender for the year 1991 92.
In pursuance to the above policy decision, the Excise Commissioner by companymunication dated 8th February, 1990 informed the licensing authorities to take steps for settlement of excise shops as per the amended policy of the Government.
In 1984, the State Government decided to make settlement of companyntry liquor shops by public auction.
Fida Karim and Dasrath Das had filed special leave petition challenging the dismissal of their writ petition, C.W.J.C. No.
The Judgment of this Court was delivered by KASLIWAL, J. Special leave granted.
2102 of 1991 by a Division Bench of the Patna High Court by order dated 6th September, 1991.
35 applicants interveners are also supporting the present appeal filed by Mohd.
Kapil Sibal, Harish N. Salve, Ranjit Kumar, G.D. Bhandari and S.C. Patel for the Appellants.
1205 of 1992.
This appeal is directed against the judgment of the Patna High Court dated 6th September, 1991.
2102 of 1991.
Fida Karim and Dasrath Das.
Initially Mohd.
This practice companytinued upto 1989 90.
