Research › Search › Judgment

Sikkim High Court · body

2014 DIGILAW 76 (SIK)

Gaming India Distributor Limited, Represented by Mr. Raj Kumar Dhanuk v. State of Sikkim, Through The Additional Chief Secretary, Finance, Revenue & Expenditure Deptt. , Gangtok, Sikkim

2014-09-24

N.K.JAIN

body2014
Judgment Jain, CJ (Oral). Heard learned counsel for the parties. 2. The matter relates to appointment of distributor for selling and marketing of lottery tickets of Sikkim State Lotteries, with effect from 18.10.2014. There is no dispute between the parties that the distributor was appointed, after floating the tender, in the year 2004 and an agreement was executed between the State-respondents and contesting respondent No. 3 for a period of 5 (five) years. At the end of period of 5 (five) years in the year 2009, the fresh tender was not floated and the agreement was renewed/extended mutually for a period of further 5 (five) years i.e. upto 17.10.2014 between respondent-State and respondent No. 3. The tender for appointment of distributor was further not floated and the agreement, executed in favour of respondent No. 3, was further renewed / extended by State-respondents for a sum of Rs.10.50 crore (Rupees Ten Crore Fifty Lakhs) per annum, only with effect from 01.04.2013, vide agreement dated 06.08.2013, in advance for a period commencing from 18.10.2014 till 17.10.2019. The petitioner has filed this writ petition for issuing necessary direction to respondent-State to appoint distributor by floating a tender in open market. 3. Learned counsel for parties argued the case at length, but during the course of arguments, they agreed, on instruction, to dispose off the writ petition, as under: i) Respondents No. 1 and 2 will float the tender for appointment of distributor for selling and marketing of lottery tickets of Sikkim State Lotteries. The tender notice will be published in daily two national news papers and two local news papers, on or before 15.11.2014 giving time of at least one month for collecting and depositing the tender notice, etc. ii) All the tender notices received by respondents No. 1 and 2 will be opened and finalized on or before 07.01.2015. Thereafter, the agreement with the concerned party/distributor, to be appointed, will be executed on or before 31.01.2015. ii) All the tender notices received by respondents No. 1 and 2 will be opened and finalized on or before 07.01.2015. Thereafter, the agreement with the concerned party/distributor, to be appointed, will be executed on or before 31.01.2015. iii) The agreement dated 06.08.2013, whereby contesting respondent No. 3 has been authorized/ appointed as distributor for selling and marketing of lottery tickets of Sikkim State Lotteries is confined to the period from 18.10.2014 to 31.01.2015 and it stands cancelled for the period after 31.01.2015, meaning thereby respondent No. 3 will carry its business/ work of distribution of selling and marketing of lottery tickets of Sikkim State Lotteries under the agreement dated 06.08.2013, till 31.01.2015, so there may not be any loss of revenue to State of Sikkim. iv) In case any other agreement of similar nature for appointment of distributor for selling and marketing of lottery tickets of Sikkim State Lotteries has been renewed/extended/executed by respondents No. 1 and 2 with any other party/distributor, without floating the tender in open market, then respondents No. 1 and 2 will take necessary steps for cancellation of their agreement in accordance with law and to float the tender for those draws/lotteries also and complete all formalities/action before 31.01.2015. 4. Ordered accordingly. 5. Parties are directed to bear their own costs.