JUDGMENT

Ajay Kumar Mittal, C.J. - This order shall dispose of a bunch of 37 writ petitions preferred by the petitioners under Article 226 of the Constitution of India bearing WP Nos.7373, 7389, 7472, 7473, 7474, 7490, 7520, 7567, 7576, 7577, 7578, 7738, 7764, 7767, 7771, 7804, 7805, 7808, 7810, 7811, 7812, 7815, 7867, 7918, 8016, 8084, 8131, 8137, 8139, 8153, 8159, 8160, 8259, 8260, 8363, 8365 and 8575 of 2020, as learned counsel for the parties are agreed that common questions of fact and law are involved therein. However, the facts are being extracted from WP No.7373/2020 wherein the auction process conducted by the respondents for grant of licence for the retail liquor shops has been called in question by the petitioners and further directions have been sought against the respondents to revalue the same; restrain them to issue licences to the petitioners; refund the money deposited by the petitioners and further to set aside the offers made by the petitioners and acceptance thereof by the respondents-State. In W.P. Nos.7520, 7567, 7576, 7578, 8259 and 8260 of 2020, the petitioners, in addition, apart from assailing the Amended Excise Policy dated 23.05.2020, have also challenged the Excise Policy 2020-21 dated 25.02.2020 specifically Clauses 9.6, 10.1.4, 10.1.5, 10.1.9, 44 and 48 thereof.

2. The marathon pleadings in the form of petition, response, rejoinder, counter-rejoinder, affidavits, additional affidavits and interlocutory applications have been filed, which has necessitated referring to them in detail in succeeding paragraphs.

3. The essential facts for the just decision of the questions involved herein, as narrated in W.P. No.7373/2020 may be noticed. The petitioners, who are 30 in number, are liquor contractors, whose highest offers were accepted or who have opted for renewal of their previous years licences with increased licence fees to run the shops for one year w.e.f. 01.04.2020 to 31.03.2021. The petitioners have been declared as successful bidders to run the respective liquor shops in various districts of State of Madhya Pradesh. In para 5.16 of the petition, a chart has been incorporated showing the districts and groups which have been allotted to the petitioners in respective districts of the State. The price of allotment of such shops/groups has also been enumerated against each petitioner.

4. The retail sale of foreign and country liquor in the State of Madhya Pradesh is done by retail shops for which licences are issued to individuals in accordance with the Excise policy framed by the State Government every year. The State Government formulated the Excise policy for the financial year 2020-21, which was notified in Madhya Pradesh Gazette on 25.02.2020 whereunder, the licence period of the licensees had to commence from 01.04.2020 and to conclude on 31.03.2021. A perusal of Clause 1 of the policy shows the mode in which the licences for the shops were to be issued. As per clause 1(1) thereof, the entire districts of four metropolitan cities of the State i.e. Indore, Bhopal, Jabalpur and Gwalior were to be geographically divided into two groups having both the nature of liquor shops as far as possible. Clause 1(2) provided the remaining 12 Districts having Municipal Corporations i.e. Sagar, Ratlam, Ujjain, Khandwa, Burhanpur, Dewas, Satna, Katni, Rewa, Singrauli, Chhindwara and Morena to have single group of liquor shops. The execution of the shops referred to in sub-clause (1) and (2), was to be done through e-tendering cum auction and the reserve price for the shops was fixed 25% higher than the previous year's annual value. As per Clause 1(3), except for the districts mentioned in Clause 1(1) and 1(2), in all other districts, the annual price of single groups of liquor shops prevailing in the year 2019-20 will be increased by 25% for the year 2020-21 and will be executed according to previous year's system i.e. through renewal, lottery and e-tender (closed bid and auction). As per Clause 68 thereof, the