ORDER

B.P. Singh, J.-Special leave granted.

2. We have heard counsel for the parties at length. In this appeal the appellant has impugned the judgment and order of the High Court of Judicature at Patna dated 13.8.2002 in CWJC No. 7075 of 2002. The High Court while allowing the writ petition filed by respondent No. 5 herein quashed the letter of the Collector dated 13.2.2002 recommending the grant of one additional licence for wholesale vending of Indian Made Foreign Liquor (hereinafter referred to as IMFL ) for the district of Begusarai on the ground that the same was not made in accordance with Rule 45 of the Bihar and Orissa Excise Rules (hereinafter referred to as the "Rules") framed under Section 89 of the Bihar Excise Act, 1915 (hereinafter referred to as "the Act"). It held that since the recommendation made by the Collector was not in accordance with the Rules, the recommendation could not be acted upon and accepted by the Commissioner by his order dated 18.3.2002.

3. The facts of the case in so far as they are relevant for the disposal of this appeal are as follows:-

The Collector of Begusarai sent a proposal to the Excise Commissioner for sanction of one additional wholesal