Rajasthan High Court - Jaipur
Sulochna Devi W/O Ratanlal vs State Of Rajasthan on 11 February, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
(1) S.B. Civil Writ Petition No. 1264/2021
Sulochna Devi W/o Ratanlal, Aged About 30 Years, R/o-Kaseru,
Teh-Nawalgarh, Dist- Jhunjhunu, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Excise Commissioner,
Excise Building-2, Gumaniyamala, Panchvati, Udaipur
(Raj.)
2. Rajasthan State Breweries Corporation Ltd., Through
Executive Officer, First Floor, D-Block Vitta Bhawan
Janpath, Jaipur.
3. District Excise Officer, Jhunjhunu, Department Of Excise
Vitta Bhawan, Janpath, Jaipur (Raj.)
----Respondents
(2) S.B. Civil Writ Petition No. 1440/2021 Chotu Rawat D/o Shri Hira Rawat, Aged About 29 Years, R/o Motisar, Baghpura, Ajmer
----Petitioner Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Finance (Excise), Secretariat, Jaipur (Rajasthan)
2. Excise Commissioner, Excise Office- Madhuban, Udaipur (Rajasthan)
3. District Excise Officer, Nh-8, Police Line Road, Police Lines, Ajmer-305001 (Rajasthan)
----Respondents (3) S.B. Civil Writ Petition No. 1444/2021 Komal Devi W/o Shri Murlildhar, Aged About 52 Years, R/o M-3, Jhulelal Colony, Ajay Nagar, Ajmer
----Petitioner Versus (Downloaded on 12/02/2021 at 10:57:25 PM) (2 of 4) [CW-1264/2021]
1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Finance (Excise) Secretariat, Jaipur (Rajasthan)
2. Excise Commissioner, Excise Office Madhuban Udaipur (Rajasthan)
3. District Excise Officer, Nh-8, Police Line Road, Police Lines, Ajmer 305001 (Rajasthan)
----Respondents For Petitioner(s) : Mr. Naveen Dhuvan, Adv.
Mr. Veyankatesh Garg, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 11/02/2021 The present writ petitions have been filed by the petitioners against recovery of additional minimum special vend fee.
The petitioners feel aggrieved by not achieving the target of selling liquor, as per the condition of agreements executed between the parties and prays that excise department may not be permitted to impose penalties invoking provisions of clauses 3.18
(i) and 4.6 of the Excise Policy of 2020-2021.
Learned counsel for the petitioners submitted that the present writ petitions are required to be adjudicated by this Court as illegal action of the respondents is under challenge.
This Court finds that the Division Bench in the case of Satveer Chaudhary Versus State of Rajasthan & Ors. (D.B. Civil Writ Petition No.10936/2020) & other connected writ petitions vide order dated 08.12.2020, has dismissed the writ petitions challenging the excise policy of 2020-2021. (Downloaded on 12/02/2021 at 10:57:25 PM)
(3 of 4) [CW-1264/2021] It is informed to this Court by learned counsel for the petitioner that the order passed by the Division Bench in the case of Satveer Chaudhary (supra) is subject matter of challenge before the Apex Court and the Apex Court on 25.01.2021 has also passed the interim order, not to take any coercive action against the petitioners therein.
This Court finds that after dismissal of D.B. Civil Writ Petition No.10936/2020-Satveer Chaudhary (supra), the Single Bench of Principal Seat at Jodhpur has dismissed the similar writ petitions (S.B. Civil Writ Petition No.11384/2020 (Balveer Bana Vs. State of Rajasthan & Ors.) & other connected writ petitions vide order dated 11.01.2021.
Learned counsel for the petitioners submitted that the order passed by the Single Bench in the case of Balveer Bana Vs. State of Rajasthan & Ors. (supra) at Principal Seat, Jodhpur is under challenge in special appeal before the Division Bench at Principal Seat, Jodhpur and the Division Bench has also passed interim orders on 04.12.2020 wherein no coercive action is to be taken against the petitioners therein.
Learned counsel for the petitioners submitted that this Court has enough jurisdiction to entertain the present writ petitions and as such the matter requires consideration.
I have heard learned counsel for the petitioners and perused the material available on record.
This Court finds that the present writ petitions challenge the action of the respondents whereby they intend to charge additional special vend fee from the petitioners and the similar petitions with the same prayer have already been dismissed by (Downloaded on 12/02/2021 at 10:57:25 PM) (4 of 4) [CW-1264/2021] the Single Bench at Principal Seat at Jodhpur while deciding the case of Balveer Bana Vs. State of Rajasthan & Ors. (supra).
This Court has to follow the order which has been passed by the Single Bench at Principal Seat, Jodhpur in the case of Balveer Bana Vs. State of Rajasthan & Ors. (supra).
Accordingly, the present writ petitions filed by the petitioners are dismissed.
A copy of this order be separately placed in each petition.
(ASHOK KUMAR GAUR),J Ramesh Vaishnav/86/Sakshi 120-122 (Downloaded on 12/02/2021 at 10:57:25 PM) Powered by TCPDF (www.tcpdf.org)