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2019 Supreme(Jhk) 1618

SUJIT NARAYAN PRASAD
Royal Infra And Logs, Dhanbad. – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
Mr. Sumeet Gadodia, Advocate, for the Appellant; Mr. Vikas Kumar, A.C. to A.G, for the Respondent

JUDGMENT

1. This writ petition is under Article 226 of the Constitution of India , wherein, following reliefs have been sought for:-

    (i) For a direction including Writ of Declaration declaring that the respondents-authorities cannot declare the petitioners as ineligible for participating in the process of settlement of retail Excise Shops through lottery, pursuant to advertisement dated 22.02.2019 issued by Respondent No.2, merely because the petitioners have participated in the name of their partnership firm, namely, "Royal Infra and Logs", especially because under the Indian Law a partnership firm is not recognized as an entity distinct from the members comprising it and also especially because of the fact that partners of said partnership firm are citizens of India and are aged more than 21 years of age;

    (ii) For issuance of appropriate writ/order/direction including Writ of Mandamus directing the respondent- authorities to accept the security deposit of the petitioners in respect of retail Excise Shops bearing Group No. 5 and Group No. 40, notified for lottery in the district of Dhanbad, especially because the petitioners have been declared as winner no. 1 in the online lottery

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