Bablu Shrivas vs. State Of Chhattisgarh

Facts

The petitioner, Bablu Shrivas, filed a writ petition seeking to set aside a notice dated May 16, 2024, concerning a retail liquor shop at Gandai. He also prayed for consideration of his claim for allotment of the said shop as the second highest bidder. The petitioner stated that he was willing to deposit the amount required from the H-1 bidder and had already filed an application to this effect, which was pending. The respondents included the State of Chhattisgarh, Excise Commissioner, Chhattisgarh State Marketing Corporation Limited, Collector, and District Excise Officer.

Held

The Court directed the petitioner to make a fresh representation to Respondent No. 2 (Excise Commissioner) for redressal of his grievance. The Court further mandated that Respondent No. 2 shall decide the representation within a period of two weeks from its submission. Crucially, the decision must be made after providing an opportunity of hearing to the H-1 bidder, Akash Yadav, who was the first highest bidder. The Court did not explicitly rule on the validity of the second notice or the petitioner's entitlement as the second highest bidder, but rather facilitated a process for the Excise Commissioner to decide these matters.

Key Issues

1. Whether the petitioner is entitled to be considered for the allotment of the liquor shop at Gandai as the second highest bidder, despite the issuance of a notice dated May 16, 2024, concerning the retail shop. Petitioner's contention: The petitioner argued that he was ready to deposit the amount due from the H-1 bidder and had filed a pending application in this regard. He sought to have the second notice set aside and his claim as the second highest bidder considered. Respondents' contention: The State and other respondents did not explicitly record arguments regarding the petitioner's claim as the second highest bidder. However, the Court's direction implies a need to consider the petitioner's representation and hear the H-1 bidder.