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1989 Supreme(Raj) 97

M.C.JAIN, S.M.JAIN
MALU KHAN – Appellant
Versus
STATE – Respondent


Advocates Appeared:
K.N.JOSHI, M.D.PUROHIT, R.C.MAHESHWARI

Judgment

( 1 ) BY this writ petition, the petitioner seeks a direction form the Court that respondents be directed to give licence to the petitioner for the wholesale and retail sale IMFL and country liquor for the group of shops of the District Bikaner and Dungargarh. The petitioner submitted his tender for a sum of Rs. 4, 41, 91991. 91 p. on 27-2-89. There was another highest tender of Shri Raghuvir Prasad for a sum of Rs. 5,55,5555. The highest tender Shri Raghuvir Prasad backed out and the only surviving tenderer was the petitioner. The petitioners case is that the respondents are bound to accept the petitioners tender and they have no right to enter into any negotiation with any third party. One Shri Satyanarain has offered the tender of Rs. 4,65,00,000/- on 10th March, 1989 after the opening of the tender on 28-2-89 and backing out by the highest tenderer Shri Raghuvir Prasad. Shir Satyanarain in his application to the Commissioner Excise Department stated that there was the tenderer of the group of shop of Ajmer for the years 1989-91. Drafts of Rs. 14 Lakhs were submitted along with that tender and he stated that the same may be deposited by way of earnest money against his o







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