9911796707
TMI Blog2020 (10) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Single Judge on the ground that the First Respondent does not have locus standi. Questioning the legality and validity of the judgment, the First Respondent filed a special appeal. A Division Bench of the High Court stayed the operation and execution of the settlement of FL 5 Shop Pithoragarh No.1 B in favour of the Appellant herein until further orders. The Appellant filed an application to vacate the interim order, which was dismissed. Aggrieved thereby, the Appellant approached this Court by filing the above appeals. 2. Sh. Balkar Singh was allotted the licence for a foreign liquor shop at Pithoragarh on 23.03.2020 by the District Level Allotment Committee for the period from01.04.2020 to 31.03.2021. As the shop was not being opera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year 2020-2021 was Rs. 7,70,62,471/-. As none responded to the said advertisement, the District Excise Officer, Pithoragarh issued another advertisement dated 06.06.2020. The Appellant participated in the allotment process and he was declared as the successful bidder and his bid for Rs. 3,46,78,112/- was accepted. The licence for foreign liquor shop at Pithoragarh was allotted to him by an order dated 09.06.2020 subject to the conditions mentioned therein. 4. The First Respondent filed a writ petition questioning the allotment of the foreign liquor shop in favour of the Appellant on the ground that the allotment in favour of the Appellant resulted in loss of revenue. According to him, the allotment of the foreign liquor shop in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it was aware about the proceedings that were initiated for recovery of the deficient amount from the original allottee, Sh. Balkar Singh. The High Court observed that the State could not have allotted the shop for an amount of Rs. 3.5 crores and there is a likelihood of higher amount being offered in re-settlement. 6. Admittedly, the First Respondent was an unsuccessful bidder at the time of original allotment in favour of Sh. Balkar Singh. In the re-settlement of the liquor shop after Sh. Balkar Singh expressed his inability to continue, the First Respondent did not participate in the process. The Appellant was the highest bidder for the allotment of the liquor shop and his offer of Rs. 3,46,78,112/- for the remaining period of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cus standi to maintain the Writ Petition. The Division Bench committed an error in staying the operation of the resettlement in favor of the Appellant, even after the compliance of the conditions of the licence by the Appellant who deposited the money as directed. In view of the order passed by the Division Bench, the Appellant was restrained from continuing his business activity. To examine the bonafides of the First Respondent, we asked the learned counsel appearing for him to get instructions as to whether the First Respondent would be ready to offer a higher amount in view of the submission made on his behalf before the Division Bench of the High Court. After obtaining instructions, the learned counsel for the First Respondent submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
