Prakash Tatia, C.J.-The appellants are aggrieved against the judgment and order dated 30th August, 2011 passed by the learned Single Judge in W.P.(C) Nos.1400, 1909 & 2003 of 2011, by which the learned Single Judge has allowed the writ petitions of the petitioner respondent and set aside the Notice Inviting Tender for grant of exclusive privilege of manufacture and supply of country liquor and spiced country liquor after bottling/ sacheting on the wholesale basis for a period commencing from 1st April, 2011 to 31st March, 2014, which NIT was issued under the order of Member, Board of Revenue, who issued two impugned Notice Inviting Tenders to initiate selection process for grant of above exclusive privilege and the respondent-State was directed to initiate fresh NIT for grant of said exclusive privilege in accordance with the provisions and after framing rules at the behest of the State Government. The learned Single Judge held that the Member Board of Revenue had no authority to issue such NITs as the power has not been delegated to the Board of Revenue and it could only be exercised by the State Government.

2. It will be appropriate to take account of the background fact