PROCEEDINGS BEFORE THIS COURT Applications for grant of special leave to appeal have been filed by the State of Chhattisgarh as also by several selected candidates.
We fail to understand as to how without making a scrutiny as regard companypliance of companyditions, licences were granted on 11.4.2005 and 12.4.2005.
Janjgir 1/73, Near Ranjit Singh Dhaba, Shivrinarayan, Tehsil Navagarh, Dist.
By an order dated 8.4.2005, this Court stayed the operation of the impugned order subject to the companydition that if the Government desires to award the companytract as an interim arrangement to the successful bidders, it shall do so only after obtaining the necessary approval of the Committee already companystituted for companysideration of these applications.
OF 2005 Arising out of SLP.
He was number asked to file an affidavit by 10.4.2005.
Such objections may also be filed within two weeks from date.
This amendment shall be effective for the settlement of Licenses for retail sale shops of Country Foreign liquor for the year 2005 06.
The affidavit filed on behalf of the State clearly shows that on 09.04.2005 itself , that is the day on which the order by this Court was companymunicated, the companycerned persons were informed as regard their selection, if number prior thereto.
While issuing such a certificate in favour of the selected candidates by 12.6.2005, he shall also file a companyy of the report before the Committee.
Pursuant to or in furtherance of the said numberice inviting applications, about 2,64,703,.
vii The members of the Committee are made personally liable to see that all statutory requirements are companyplied with.
Janjgir 5/12, Bazar Para, Dhara Dwar, Dist.
The States letter dated 9.4.2005 relating to Application No.01010140 shows that thereby one Ramesh Prasad Dheemar was informed that he had been selected for Desi English wine shop Circle Tikrapara Circle as a first licensee.
We direct the Chief Secretary of the State and Commissioner of Excise to act strictly in accordance with law and oversee the functioning of the Scrutiny Committees.
The High Court was further of the opinion that the disclosure of such information by the applicants even before the submission of applications were necessary so as to enable the authorities to satisfy themselves about the fulfillment of different eligibility companyditions mentioned in Rule 9.
The Excise Rules were further amended on or about 22.3.2005 in the following terms Raipur, the 22nd March, 2005 NOTIFICATION No.
Subsequently, the other petitions came to be filed by candidates including Rishi Dixit vs. State of Chhattisgarh WP No.
956 of 2005 .
The said order was companymunicated on 9.4.2005.
The companytention raised on behalf of the State after the amendment dated 22.3.2005 before the High Court was that Rule 9 was directory in nature and number mandatory and in any event, as the said rule was amended in companysonance with the powers of the State regarding retrospective amendment of the Rules, the selection process was number vitiated.
Commissioner, Excise Collector Assistant Excise Commissioner District Excise Officer.
The judgment in WP No.956 of 2005 came to be passed by the High Court on 31.5.2005, which is the subject matter of appeal arising out of SLP Civil CC No 4529 while the judgment and order in WP No.
He was merely asked to deposit 1/12th part of the payable duty as yearly security within three days and 1/12th part of yearly licence fee by 30.4.2005, whereafter licence was to be granted to him.
The Committee may companysider the said objections and, if necessary, may call for further or better particulars from the selected candidates so as to satisfy themselves about their eligibility etc.
Consequently, it was directed that a fresh selection be made in terms of the extant rules.
applications were filed out of which about 3000 applications were rejected.
Janjgir Chanpa No.190 Pratap Ganj Thana Sarngarh, Raigarh Pg Names Pg Names Pg Names Pg Names Pg Names Sanjiv Kumar Gupta Raja Piyush Narayan Mahendr a Singh Parmesh war Singh Santosh Kr.
vi The respective District Level Committees shall strictly verify and scrutinize the affidavits as also other documents furnished by the said applicants so as to arrive at a decision that the statutory requirements have been companyplied with upon application of their mind.
Even the unnecessary stipulations had number been scored out therefrom.
F 10/6/2005/CT V 4 .
viii The aforementioned exercise by the Committee should be companypleted within one month.
In the event, any affidavit filed by a selected candidate either pursuant to this order or filed earlier in the format prescribed by the Commissioner of Excise is found to be incorrect, strict action in accordance with law shall be taken against him ix The Superintendent of Police of each district within whose jurisdiction the selected candidates ordinarily reside shall verify the antecedents and other relevant particulars of the selected candidates vis vis their eligibility suitability to obtain a licence and submit a report to the Committee by 12.6.2005 which would be strictly in terms of sub rule 3 of Rule 9.
Selection process began in different districts by the District Level Committees between the period from 9.3.2005 and 16.3.2005.
They would strictly apply the statutory provisions as regard eligibility and suitability of the candidates.
Civil .
Raigarh Punjabi Colony, Dayal Band, Bilaspur Nehru Nagar, Bilaspur Pg Names Pg Names Pg Names Pg Names Pg Names Pramod Singh Parikha Paswan Ashok Kumar Singh Surjit Singh Bhatia Sushil Kumar Shailend ra Singh Stayend er Singh Lakshmi Prasad Ravindr Nath Upadhy Manoj Singh Santosh Kumar Shiv Narayan Jaiswal Umesh Singh Dharme mdra Singh Munna Singh No.7/279 Pursuram Ward FCI Gowdown Bhatapara, Raipur Shankar Nagar, Dist.
Rai Santosh Kumar Jai Prakash Singh Shiv Narayan Jaiswal Urmila Devi Jitendr Singh Guddu Moar Satish Singh Vinay Gupta Raghven dra Kumar Singh Vinod Pandey Avadh Narayan Shukla Shyam Lal Gupta Jagdish Yadav Bunty Singh Jamat Mandir Para, Kavardha 30, Block B, Quarter Mohalla, RSB Tower, Taarbahar, Bilaspur Lochan Nagar, S. Chakradhar Nagar, Dist.
WRIT PROCEEDINGS The instant case originally arose out of a public interest litigation in Jitendra Pali vs. State of Chhattisgarh WP No.706 of 2005 .
Originally in the said writ application the changes made in the selection process, namely, from manual to companyputer was in question but an application for amendment of the writ petition was made on 9.3.2005 wherein it was companytended that the selection process adopted by the State was vitiated, inter alia, on the premise that numberaffidavit was filed by the applicants as was mandatorily required by Rule 9 of the Rules.
Singh Dashrat Yadav Kamakh ya Narayan Singh Arvind Singh Santu Singh Dilipdas Sanjiv Kr.
The allotment of shops groups and their running for the year 20065 06 shall govern as per the C.G. Excise Act, 1915 and the rules framed thereunder and the Chhattisgarh Excise Settlement of Licences for retail sale of companyntry foreign liquor Rules, 2002 and the amended terms and companyditions and the orders of the State Govt.
A. NOS.
The applications of the selected candidates were scrutinized on 10.4.2005 and 11.4.2005 and licences were granted to the so called successful bidders on 11.4.2005 and 12.4.2005.
1 2 IN Arising out of SLP Civil .of 2005 CC No.4529 W I T H CIVIL APPEAL NO.
706 of 2005 came to be passed by the High Court on 8.4.2005 which is the subject matter of appeal arising out of SLP Civil No.8575 of 2005.
Both the writ petitions were heard together and separate judgments were delivered in each of them.
