Advocates:
['KUNDAN PANDEY', '', 'Mr RAJU DATTA', 'GA', '', 'Mr T K DEB', 'Mr S DEB JR ADV']

HIGH COURT OF TRIPURA

AGARTALA

W.P(C) No. 529 of 2020

Shri Dipankar Majumder,

son of Lt. Tribeniswar Majumder

resident of Dakbanglow Road,

P.S & P.O-R.K Pur, Udaipur

District-Gomati Tripura.

---- Petitioner(s)

Versus

1. The State of Tripura

Represented by the Finance Secretary,

Finance Department, Govt. of Tripura

New Capital Complex, Agartala, Tripura

Pin-799010.

2. The Commissioner of Excise,

Government of Tripura, Gurkhabasti,

P.O and PS-New Capital Complex,

District-West Tripura.

3. The District Magistrate and Collector,

Government of Tripura, Gomati District,

PO and PS-R.K Pur, District-Gomati Tripura

4. The Collector of Excise,

Gomati Tripura, Government of Tripura

P.O & P.S-R.K Pur, District-Gomati Tripura

5. Sri Partha Singha,

Son of Sri Pramod Ranjan Singha

Resident of Dhajanagar, P.O Gokulpur,

P.S-R.K Pur, Udaipur, District-Gomati Tripura

---- Respondent(s)

Page 2 of 17

For Petitioner(s)

:

Mr. Raju Datta, Adv.

For Respondent(s)

:

Mr. D. Bhattacharjee, G.A.

Mr. T.K. Deb, Adv.

Date of hearing

:

17.12.2020.

Date of pronouncement

:

01.04.2021.

Whether fit for reporting

:

HON’BLE MR. JUSTICE S. TALAPATRA

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

Judgment & Order

(Per S.G. Chattopadhyay, J.)

This writ petition has been filed challenging the

order dated 08.07.2020 [Annexure-18] of the Collector of Excise,

Gomati District granting licence in favour of respondent No.5

permitting him to open a shop at Bagma market in Udaipur for

retail sale of foreign liquor.

[2]

The factual background is as under:

The District Collector of Excise, Gomati District,

Udaipur (respondent No.4) issued notice inviting e-tender (DNIT)

dated 17.01.2020 vide Annexure-1 of the writ petition for

settlement of retail vend of foreign liquor at various locations in

Gomati District including Bagma market area. By the said notice,

the intending tenderers were asked to submit their e-tender to

Yes

No



Page 3 of 17

the Collector of Excise at Udaipur by uploading the same within

21 days from the date of publication of the e-tender and it was

also mentioned in the said tender notice that there would be 2

(two) parts of tender, viz. (i) technical part, & (ii) financial part.

The notice also contained the principles to be observed in

granting licence for such liquor shop in terms of Rule 26 of the

Tripura Excise Rules, 1990.

[3]

The petitioner as well as respondent No.5 along

with others participated in the said e-tender process by uploading

their e-tender on the official web portal of respondent No.2.

Receipt of petitioner’s bid was acknowledged by the respondent

vide bid acknowledgment dated 06.02.2020 which is annexure-2

to the writ petition. Along with his bid, petitioner also deposited a

sum of Rs.3,41,177/- with the said respondent as earnest money

vide payment details dated 06.02.2020 at Annexure-3. Petitioner

also submitted a statement of his immovable property vide

Annexure-4, the details of his bank accounts containing the cash

balance maintained by him in those accounts vide Annexure-5,

copy of his Permanent Account No. (PAN) vide Annexure-6, copy

of his Aadhar card vide Annexure-7 and his letter dated

06.02.2020 whereby he submitted his tender vide Annexure-8.

Page 4 of 17

[4]

According to the petitioner, respondent No.5

along with his bid submitted a declaration from one Sri Sudhir

Chandra Saha of Bagma, Udaipur vide Annexure-9 whereby said

Sri Sudhir Chandra Saha declared that he had entered into a rent

agreement with respondent No.5 to run a foreign liquor shop on

his land at Bagma and he also declared that he had no objection

for setting up such business by respondent No.5 on his landed

property at Bagma. It has been averted by the petitioner that in

the said declaration said Sri Sudhir Chandra Saha never