Rajasthan High Court - Jaipur
Girish Rangwani D/O Shri Ashok Rangwani vs State Of Rajasthan on 15 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. 1441/2021
Girish Rangwani D/o Shri Ashok Rangwani, Aged About 33 Years,
R/o M-3, Jhulelal Colony, Ajay Nagar, 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
(2.) S.B. Civil Writ Petition No. 1442/2021 Kirti Sharma D/o Shri Rajendra Kumar Sharma, Aged About 46 Years, R/o 192/23, Raas Bhawan, Station Road, 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. 1713/2021 Varsha Matai W/o Shri Shyam Matai, Aged About 60 Years, R/o 16/703, Cavenduspura, Madar Gate, Ajmer.
----Petitioner Versus
1. State Of Rajasthan, Through Additional Chief Secretary, (Downloaded on 16/02/2021 at 10:40:35 PM) (2 of 6) [CW-1441/2021] 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 (4.) S.B. Civil Writ Petition No. 14136/2020 Shubhangi Bharadwaj W/o Puneet Bharadwaj, Aged About 27 Years, H.no. 212, Ward 29 Near Raja Kothi School, Gulab Bari, 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 Connected With S.B. Civil Writ Petition No. 14211/2020 Antar Kanwar W/o Shri Samandar Singh, Aged About 49 Years, Proprietor- G.p. Sangarwa, Ajabpura, Panchayat Samiti Losal, Sikar (Rajasthan) R/o Meena V Rajputon Ki Dhani, Sangarwa, Tehsil Dantaramgarh, District Sikar (Rajasthan).
----Petitioner Versus
1. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur (Rajasthan)-313001.
2. The District Excise Officer, Vitt Bhawan, Jyoti Nagar, Lal Kothi, Jaipur (Rajasthan)-302 007.
3. The Excise Inspector, Circle Sikar North, Jaipur-
Jhunjhunu Bye Pass Road, Sikar, District Sikar
(Rajasthan)
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(3 of 6) [CW-1441/2021]
4. Rajasthan State Breweries Corporation Limited, It Is Submitted That Floor, D- Block, Vitt Bhawawan, Janpath, Jaipur (Rajasthan) Through Executive Director.
----Respondents S.B. Civil Writ Petition No. 14361/2020 Deepa Rawat W/o Dashrath Singh, Aged About 20 Years, English Wine And Beer Shop, Near Collectorate, Opposite Bus Stand, 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 S.B. Civil Writ Petition No. 14426/2020 Guman Singh S/o Kalu Singh, Aged About 38 Years, English Wine And Beer Shop, Khailand Market, 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 S.B. Civil Writ Petition No. 14489/2020
1. Munesh Singh S/o Shri Siyaram Gurjar, Aged About 30 Years, R/o Village Lakhanpur, Tehsil Weir, District Bharatpur License Holder Indian Liquor Shop / India Made Foreign Liquor (Imfl) / Beer Shop / Group (Composite) No. 26 Situated At Nagar Palika Weir, District Bharatpur.
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2. Laxmi W/o Jag Ram, Aged About 36 Years, R/o Village 76 Jatav Basti Mudhera, District Bharatpur License Holder Indian Liquor Shop / India Made Foreign Liquor (Imfl) / Beer Shop / Group (Composite) No. 17 Situated At Uchchain, District Bharatpur.
----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Finance (Excise), Secretariat, Jaipur.
2. The Commissioner, Excise Department, Udaipur.
3. Managing Director, Rajasthan State Beverages Corporation Limited (Rsbcl), Jaipur.
4. The District Excise Officer, Bharatpur.
5. The District Collector, Bharatpur.
----Respondents (5.) S.B. Civil Writ Petition No. 135/2021 Suman Rawat D/o Shri Pratap Singh Rawat, Aged About 26 Years, R/o 1-Gha, Janata Bazar, Behind Bikaner Mistan Bhandar, Vaishali Nagar, Ajmer.
----Petitioner Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Finance (Excise), Secretariart, Jaipur (Rajasthan)
2. Excise Commissioner, Excise Office Madhuban, Udaipur (Rajasthan) Commissioner.
3. District Excise Officer, Nh-8, Police Line Road, Police Lines, Ajmer-305001 (Rajasthan)
----Respondents For Petitioner(s) : Mr.Veyankatesh Garg, Adv.
Mr.Ripu Daman Singh Naruka, Adv.
Mr.Satya Pal Poshwal, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order (Downloaded on 16/02/2021 at 10:40:35 PM) (5 of 6) [CW-1441/2021] 15/02/2021 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.
It is informed to this Court by learned counsel for the petitioners 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.
(Downloaded on 16/02/2021 at 10:40:35 PM)(6 of 6) [CW-1441/2021] 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 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 Himanshu Soni/Ramesh Vaishnav 133-134, 140, 13-17 & 26 (Downloaded on 16/02/2021 at 10:40:35 PM) Powered by TCPDF (www.tcpdf.org)