Hon'ble Single Judge dismissed multiple writ petitions filed by liquor license holders challenging penalties for failing sales targets. Court stayed orders pending finality of a connected Division Bench judgment holding such contractual terms valid.
Writ petitions and stay petitions dismissed; penalty imposed remains.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Civil Writ Petition No. 10867/2020
Pushkar Lal Nai
----Petitioner
Versus
State Of Rajasthan
----Respondent
Connected With S.B. Civil Writ Petition No. 7431/2020 Nagjiram ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 8419/2020 Ajay ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 8604/2020 Smt. Asha Devi ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 8716/2020 Sagar Kanwar ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 9372/2020 Sahdev ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 9431/2020
Ummed Singh
[CW-10867/2020]
(2 of 15)
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9433/2020
Smt. Surta
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9441/2020
Hensi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9462/2020
Smt. Sohan Kanwar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9559/2020
Kishan Singh
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9564/2020
Govind Ram
----Petitioner
Versus
State Government
----Respondent
S.B. Civil Writ Petition No. 9567/2020
Koyal Kanwar
----Petitioner
Versus
State Government
----Respondent
S.B. Civil Writ Petition No. 9576/2020
[CW-10867/2020]
(3 of 15)
Bhanwar Lal
----Petitioner
Versus
State Government ----Respondent S.B. Civil Writ Petition No. 9578/2020 Sanju Malviya ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 9743/2020 Manju Devi ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 9872/2020 Sunil Nagori ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 10292/2020 Mahboob Ali ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 10536/2020 Atmaram Meena ----Petitioner Versus State Of Rajasthan-State ----Respondent S.B. Civil Writ Petition No. 10538/2020 Badam Khatik ----Petitioner Versus State Of Rajasthan-State ----Respondent
[CW-10867/2020]
(4 of 15)
S.B. Civil Writ Petition No. 10541/2020
Priyanka Baser
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10542/2020
Akshay
----Petitioner
Versus
State Of Rajasthan
----Respondent ----Petitioner ----Respondent
S.B. Civil Writ Petition No. 10547/2020
Suryaveer Singh Chouhan
Versus
State Of Rajasthan
S.B. Civil Writ Petition No. 10565/2020
Bharti Darji
----Petitioner ----Respondent ----Petitioner ----Respondent
Versus State Of Rajasthan S.B. Civil Writ Petition No. 10567/2020 Ajay Kumar Ninama Versus State Of Rajasthan S.B. Civil Writ Petition No. 10575/2020 Hemlata Patel
----Petitioner
Versus
State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 10578/2020 Mangu Devi ----Petitioner Versus State Of Rajasthan
[CW-10867/2020]
(5 of 15)
----Respondent
S.B. Civil Writ Petition No. 10618/2020
Champa Bai
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10622/2020
Chanda Kunwar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10699/2020
Asha Suwalka
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10868/2020 Sumitra Jat
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10872/2020
Babu Lal Gayri
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10991/2020
Shambu Singh
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11143/2020 Anand Singh Shaktavat
----Petitioner
Versus
[CW-10867/2020]
(6 of 15)
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11250/2020
Chun Singh Rajput
----Petitioner
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11254/2020
Ram Singh Kitawat
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11548/2020
Chandan Mal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11741/2020
Kala Devi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11742/2020
Bhawna Kalal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11743/2020
Suryaveer Singh Chouhan
----Petitioner
Versus
State Of Rajasthan
----Respondent S.B. Civil Writ Petition No. 11745/2020
Hemlata Patel
----Petitioner
[CW-10867/2020]
(7 of 15)
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11750/2020
Akshay
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11752/2020
Mangu Devi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11754/2020
Padma
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11755/2020
Kuri Chand Kalal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11763/2020
Kamla Kalal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11833/2020
Urmila Mewara
----Petitioner
Versus
State Of Rajasthan
----Respondent S.B. Civil Writ Petition No. 11840/2020
Yashoda Hemant Mewara
[CW-10867/2020]
(8 of 15)
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11851/2020
Kantilal Bherulal Mewara
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11853/2020
Rahul Hiran
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11854/2020
Kalal Bharatkumar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11855/2020
Prakash Chand
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11862/2020
Mahaveer Mewara
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11864/2020
Meena Kumari
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11865/2020
[CW-10867/2020]
(9 of 15)
----Petitioner
Suresh Chandra Jat
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12206/2020 Gomati
----Petitioner
Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 12246/2020 Rajkanwar ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 12248/2020 Vikram Singh ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 12250/2020 Meena Suhalka ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 12251/2020 Nirmala Kanwar ----Petitioner Versus State Of Rajasthan ----Respondent S.B. Civil Writ Petition No. 12290/2020 Maina Mewara ----Petitioner Versus State Of Rajasthan ----Respondent
[CW-10867/2020]
(10 of 15)
S.B. Civil Writ Petition No. 12387/2020
Manju Bai
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12388/2020
Bhawana Darji
----Petitioner
Versus State Of Rajasthan S.B. Civil Writ Petition No. 12390/2020 Pushpa Kalal
----Respondent
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12393/2020
Pinki Devi
----Petitioner
Versus State Of Rajasthan S.B. Civil Writ Petition No. 12395/2020 Bhopal Singh Rathore Versus State Of Rajasthan S.B. Civil Writ Petition No. 12398/2020 Bhima
----Respondent ----Petitioner
----Respondent
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12699/2020 Versa Mewara
----Petitioner
Versus State Of Rajasthan
[CW-10867/2020]
(11 of 15)
S.B. Civil Writ Petition No. 13638/2020
Mohan Lal Khatik
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 584/2021
Asha Suwalka
----Petitioner
Versus
State Of Rajasthan
----Respondent
| For Petitioner(s) | : Mr Rajendra Singh Rathore, Mr Girish |
|---|---|
| Joshi, Mr Bharat Boob, Mr Rakesh | |
| Arora, Mr Deepak Bishnoi, Mr Anil Bidan Halu, Mr Yashpal Khileri and Mr Jayant Joshi |
|
| For Respondent(s) | : Mr G.S.Sankhla & Mr K.S. Lodha for Mr M.S.Singhvi-Advocate General |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/01/2021
The petitioners are the licence holders of the shops of selling Indian made foreign liquor and country made liquor in various locations of State of Rajasthan. They have filed these writ petitions being aggrieved with the action of the respondent – Excise Department of imposing penalty upon the petitioners for the reason that they have failed to achieve the target of selling the liquor as per the conditions of the agreement executed between them and the respondent – Excise Department or in other words for selling less quantity of liquor from the fixed target.
[CW-10867/2020]
(12 of 15)
The Excise Department has imposed the said penalties and demanded the same while invoking the provisions of Clauses 3.18 (i) & 4.6 of the Excise and Temperance Policy for 2020-21 (hereinafter referred as “Excise Policy 2020-21”).
Mr G.S.Sankhla appearing on behalf of Mr M.S.Singhvilearned Advocate General has submitted that Division Bench of this Court at Jaipur Bench in Satveer Chaudhary vs. State of Rajasthan & Ors. (DBCWP No.10936/2020) and other connected writ petitions decided on 08.12.2020 has dismissed the challenge of Clauses 3.18 (i) & 4.6 of the Excise Policy 202021 and the controversy raised in these writ petitions is squarely covered by the said decision.
Learned counsels for the petitioners are not in a position to dispute the fact that the challenge to the Clauses 3.18 (i) & 4.6 of the Excise Policy 2020-21 has been failed before the Division Bench of this Court at Jaipur Bench.
The Division Bench of this Court at Jaipur Bench in Satveer Chaudhary, and other connected writ petitions (supra) has held as under:
“29. We have considered the contentions.
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(13 of 15)
with open eyes and now, they cannot challenge the terms of the Excise Policy 2020-21, on the ground that the clauses are contrary to Article 47 of the Constitution of India and against the objects of the Excise Policy. 31. It is a clear case of the respondent that they are duty bound to supply good quality product to the consumers and if restrictions are not imposed, there would be illegal transportation of liquor in the State and bad quality product would find place in the market and would cause revenue loss as well to the Government.
[CW-10867/2020]
(14 of 15)
contract, wherein, they have agreed to pay Additional Special Vend Fees for shortlifting and the same cannot be challenged in the Writ Jurisdiction. 34. The basis for challenge in this case is that the Excise Policy 2020-21 is contrary to Article 47 of the Constitution of India. Article 47 of the Constitution of India deals with the Directive Principles of State Policy. The State is bound to raise the level of nutrition and standard of living and to improve public health. As per the reply submitted by the State, State wants to provide good quality liquor to the consumers and to avoid pilfering of liquor from other States, which may not be quality product, State has put these conditions in the Excise Policy, hence, the same cannot be said to be violative of Article 47 of the Constitution of India.
In view of the above, these writ petitions are dismissed in terms of the judgment dated 08.12.2020 passed by the Division Bench of this Court at Jaipur Bench in Satveer Chaudhary vs. State of Rajasthan & Ors. (DBCWP
[CW-10867/2020]
(15 of 15)
No.10936/2020), and other connected writ petitions
(supra).
Stay petitions also stand dismissed.
(VIJAY BISHNOI),J
masif/-PS
2 issues framed by the court
Whether licence holders can challenge penalty for failing to meet liquor sales targets under Excise Policy conditions in writ jurisdiction.
Whether termination of contract for shortlifting is barred by prior judgment and principles of concluded contracts.
Colour shows how this judgement treated each authority
Satveer Chaudhary vs. State of RajasthanFollowed¶313
Satveer Chaudhary vs. State of Rajasthan & Ors. (DBCWP No.10936/2020)
Abhishek Jaiswal vs. State of RajasthanReferred¶322
Abhishek Jaiswal vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.948/2016)
Har Shankar & Ors.Referred¶322
Har Shankar & Ors. vs. The Deputy Excise & Taxation Commissioner & Ors. (AIR 1975 SC 1121) · Who else cites this
State of Rajasthan vs. M/S C.K.M. & CompanyReferred¶322
State of Rajasthan & Ors. vs. M/S C.K.M. & Company
1 provisions across 1 enactments
Pushkar Lal Nai
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
