S.C. VARMA, J.

1. A preliminary point was raised by the Respondents regarding the maintainability of the petition.

2. The fact, in short, may be briefly stated. 21 excise shops of country spirit of Bisalpar, District Pilibhit were put to auction on 7-3-1991 for the excise year 1991-92. The Petitioners who are 14 in number offered the highest bid of Rs. 91,05.000 and were required to deposit half of the security amount as envisaged in Rule 20(1)(i) of the U.P. Excise Licencees (Tender cum auction) Rules, 1991. The claim of the Petitioners is that the auction was over at 6.00 p.m. and they delivered Bank draft of Rs. 94,0000/- at 11.30 p.m. to the Excise Inspector. A First information report was lodged by the District Excise Officer, Pilibhit against the Petitioners that the bidders did not deposit the security amount of the auction. However, the Excise Inspector handed over the Bank draft on 8-3-1991 to the District Excise Officer. The Excise Commissioner accepted G-12 statement of the bid of the Petitioners on 1-5-1991. The Respondent No. 4 who had offered the second highest bid challenged the approval of the Excise Commissioner before the State Government. On reference mad