Single Judge Bench dismissed a writ petition against penalty for failure to meet liquor sales targets. Held to be covered by Division Bench judgment upholding license conditions and declining writ jurisdiction in contractual disputes.
Penalty imposed for failing to achieve liquor sales target upheld; writ petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 11811/2020
Priyanka Baser W/o Shri Dipesh Baser, Aged About 26 Years, R/o Village - Chhoti Sarwan, Tehsil - Kushalgarh, District - Banswara.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Jayant Joshi |
|---|---|
| For Respondent(s) | : Mr. Girish Sankhla |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
13/07/2021
Learned counsel for the parties have submitted that the controversy involved in this writ petition is squarely covered by the decision dated 12.01.2021 rendered by this Court in Pushkar Lal Nai vs. State of Rajasthan (SB Civil Writ Petition No. 10867/2020) and other connected matters.
The petitioner is the licence holders of the shops of selling Indian made foreign liquor and country made liquor in the State of Rajasthan. He has filed this writ petition being aggrieved with the action of the respondent –Excise Department of imposing penalty upon the petitioner for the reason that he has failed to achieve the
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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. 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 Girish Sankhla 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 this writ petition is squarely covered by the said decision.
Learned counsel for the petitioner is 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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contract with open eyes and now, they cannot challenge the terms of the Excise Policy 202021, 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.
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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, this writ petition is dismissed in terms of the judgment dated 08.12.2020 passed by the Division Bench of this Court at Jaipur Bench in Satveer Chaudhary and other connected writ petitions (supra).
Stay petition also stands dismissed
(VIJAY BISHNOI),J
101-Arun/-
1 issue framed by the court
Whether the petitioner can challenge the penalty imposed for failing to meet liquor sales targets agreed in the license contract.
Colour shows how this judgement treated each authority
Pushkar Lal Nai vs. State of Rajasthan (SB Civil Writ Petition No. 10867/2020)Referred¶15
Satveer Chaudhary vs. State of Rajasthan & Ors. (DBCWP No.10936/2020)Followed¶202237
Abhishek Jaiswal vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition NO.948/2016)Referred¶28
Har Shankar & Ors. vs. The Deputy Excise & Taxation Commissioner & Ors. (AIR 1975 SC 1121)Distinguished¶29
State of Rajasthan & Ors. vs. M/S C.K.M. & Company (D.B. Civil Special Appeal (Writ) No.212/2007)Distinguished¶29
Priyanka Baser
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
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