D.N. Patel, J.

1. This Letters Patient Appeal has been preferred against the Judgment and order delivered by the learned Single Judge in W.P.(C) No. 4940 of 2014 vide judgment and order dated 13th January 2015, whereby the petition preferred by this appellant was dismissed. The prayer of this appellant for quashing and setting aside the order dated 11th September 2014 of the Bid-scrutiny committee or Technical Committee (constituted by the State of Jharkhand for scrutiny of bid), which rejected the bid of this appellant. Being aggrieved and feeling dissatisfied by this Judgment and order, the original petitioner has preferred this Letters Patient Appeal.

2. FACTUAL MATRIX:

Notice Inviting Tender was published on 14th August 2014 for grant of exclusive privilege, as envisaged under Section 22 of the Bihar Excise Act, 1915. hereinafter referred to as ' the Act, 1915', for the sake of brevity).

Tender period was running from 1st October, 2014 to 31st March 2018.

This appellant and the respondent no.7 and other bidders filled up the bids and have placed their respective offers for the district of East Singhbhum.

This appellant was granted earlier exclusive privilege for manufacturing and supplying of country made liquor/spiced country made liquor, in bottles and sachets, initially for the period for 2002 to 2005, thereafter for 2005 to 2008 and 2008 to 2011.

After the exclusive privilege is granted under Section 22 for manufacturing and supply of country made liquor/spiced country made liquor, everything went on smoothly by this appellant up to 2006 to 2007. In 2007-2008, no retail licences having been given to the retailers. This appellant (original petitioner) incurred losses as this appellant could not manufacture these items. Consequently it could not supply the same.

After getting the exclusive privilege under Section 22, licence has to be obtained under Section 13, every year and the licence fee has to be paid by the person, who has got exclusive privilege. The Appellant (original petitioner) has to pay licence fees for the year 2007-08.

The exclusive privilege period running from 2005-2008 was over and again for the next three years period i.e. for the period 2008 to 2011. Notice inviting tender was issued on 3rd April 2008. Again offers were made by several bidders and the appellant was given exclusive privilege.

Letters have also been written by this appellant (original petitioner) that retail licences should be given, so that exclusive privilege can be exercised.

Letter was written by the State of Jharkhand dated 18th November, 2008 (Annexure -10 to the rejoinder affidavit filed by the appellant) that retail licences have been given for the district East Singhbhum.

Despite the retail licences were given in the district of East Shinbhum, on 8th December 2008, this appellant (original petitioner) withdrawn the consent. This letter is at Annexure - 11 to the rejoinder filed by the Appellant, in which it has been stated by this appellant that this appellant is withdrawing the consent, because it has become uneconomical and unviable for this appellant company and has prayed for refund of security amount also.

The period of this exclusive privilege from 2008 to 2011 is over without manufacturing of country made liquor/spiced country made liquor.

Another notice inviting tender was published by the Respondent-State of Jharkhand on 14th August 2014, in which there is a condition no.16, which is in Hindi and the same has been translated by the counsel for this appellant, which is as under.

“If in the past five years in the capacity of a licensee, the excise license of a tenderer had been cancelled then his tender would not be considered. Every tenderer had to file an affidavit that there were no dues of excise revenue against him and that his working had been satisfactory. If in the State of Jharkhand or the other State where the tenderer is a licensee there are any dues against him and his working is not satisfactory, his tender would