Disposed

Gaurav v. State of Rajasthan

Rajasthan HC17 Feb 2021CW/221/2020

Case brief

AI extract

What is this about?

The High Court disposed of multiple connected writ petitions challenging notices regarding overcharging of IMFL/Beer. Relying on an identical order by a coordinate bench, the Court dismissed the petitions and directed the respondents to decide the merits within one month after hearing the petitioners.

What did the court decide?

Disposed of writ petitions and application; directed respondents to decide the matter within one month after hearing petitioners.

Gaurav Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 221/2020

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Gaurav S/o Shiv Kumar, Aged About 22 Years, By Caste Yogi, R/o Shop No.6, Zone No.2, Sri Ganganagar.

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----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through The Additional Chief Secretary (Finance), Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Secretary, Finance (Revenue), Government Of Rajasthan, Government Secretariat, Jaipur.

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Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.

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District Excise Officer, Sri Ganganagar.

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Excise Inspector, Circle Sri Ganganagar City.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 17344/2019

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Sunita Mewara W/o Rajendra, Aged About 32 Years, Kekri Ajmer, Rajasthan.

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----Petitioner

¶16

Versus

¶17

State Of Rajasthan, Through The Additional Chief Secretary (Finance), Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

¶18

Secretary, Finance (Revenue), Government Of Rajasthan, Government Secretariat, Jaipur.

¶19

Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchawati, Udaipur, Rajasthan.

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District Excise Officer, Udaipur, Aabkari Bhawan, Udaipur. 5. Excise Inspector, Circle Udaipur West, Udaipur.

¶21

----Respondents

¶22

S.B. Civil Writ Petition No. 17348/2019

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Amit Survanshi S/o Chandramohan Suryvanshi, Aged About 34

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(2 of 5)

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[CW-221/2020]

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Years, 216 D Block Sector, 14 Udaipur.

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----Petitioner

¶28

Versus

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State Of Rajasthan, Through The Additional Chief Secretary (Finance), Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Secretary, Finance (Revenue), Government Of Rajasthan, Government Secretariat, Jaipur.

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Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchawati, Udaipur, Rajasthan.

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District Excise Officer, Udaipur, Aabkari Bhawan, Udaipur. 5. Excise Inspector, Circle Udaipur West, Udaipur.

¶33

----Respondents

¶34

S.B. Civil Writ Petition No. 17350/2019

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Rajendra Singh Ashiya S/o Girwar Singh, Aged About 39 Years, 12 Kotadi, Moriyon Ki Kariyan Kadia, Udaipur, Rajasthan.

¶36

----Petitioner

¶37

Versus

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State Of Rajasthan, Through The Additional Chief Secretary (Finance), Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Secretary, Finance (Revenue), Government Of Rajasthan, Government Secretariat, Jaipur.

¶40

Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchawati, Udaipur, Rajasthan.

¶41

District Excise Officer, Udaipur, Aabkari Bhawan, Udaipur. 5. Excise Inspector, Circle Udaipur West, Udaipur.

¶42

----Respondents

¶43

S.B. Civil Writ Petition No. 18139/2019

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Randheer Singh S/o Shree Darshan Singh, Aged About 30 Years, By Caste Rajput, R/o Shop No. 2, J.d.b., Group No. 16, Anoopgarh, District Sri Ganganagar (Raj.).

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----Petitioner

¶46

Versus

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State Of Rajasthan, Through Additional Chief Secretary

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(3 of 5)

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[CW-221/2020]

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(Finance), Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Secretary, Finance (Revenue), Government Of Rajasthan, Government Secretariat, Jaipur.

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Commissioner, Excise Department, Overnment Of Rajasthan, 2 Gumaniwala, Panchwati, Udaipur, Rajasthan.

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District Excise Officer, Sri Ganganagar. 5. Excise Inspector, Circle Anoopgarh City, District Sri Ganganagar.

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----Respondents

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S.B. Civil Writ Petition No. 18165/2019

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Bhanwar Kanwar W/o Shree Dileep Singh, Aged About 44 Years, By Caste Rajput, R/o 1 Dam, Post Office- Ratnewala, 1 Dam, Srivijaynagar, Sri-Ganganagar, (Raj.). 335704.

¶57

----Petitioner

¶58

Versus

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State Of Rajasthan, Through Additional Chief Secretary (Finance), Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Secretary, Finance (Revenue), Government Of Rajasthan, Government Secretariat, Jaipur.

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Commissioner, Excise Department, Government Of Rajasthan, 2 Gumaniwala, Panchwati, Udaipur, Rajasthan.

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District Excise Officer, Bikaner.

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Excise Inspector, Circle Bikaner City.

¶64

----Respondents

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S.B. Civil Writ Petition No. 1381/2020

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Sukhdev Choudhari S/o Shree Chhotaram, Aged About 29 Years, By Caste Jat, R/o Khhokhariya Banad, Jodhpur (Raj.).

¶67

----Petitioner

¶68

Versus

¶69

State Of Rajasthan, Through Additional Chief Secretary (Finance) Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Secretary, Finance (Revenue), Government Of Rajasthan, Government Secretariat, Jaipur.

¶71

Commissioner, Excise Department, Government Of

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(4 of 5)

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[CW-221/2020]

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Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.

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District Excise Officer, Jodhpur.

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Excise Inspector, Circle Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Narottam Sen For Respondent(s) : Mr. Girish Sankhla

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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17/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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Counsel for the respondent informs the Court that controversy involved in this petition has already been adjudicated by Co-ordinate Bench of this Court (Jaipur Bench) in bunch of cases led by Smt. Anju Meena Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.18549/2019) on 21.01.2020.

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The order aforesaid reads as follows :-

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“By way of these writ petitions, the petitioners have challenged the notice issued on various dates (Annexure-3) with regard to overcharging the price of IMFL/Beer.

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Counsel for the petitioners submitted that apprehension of the petitioners is that the respondents will not act in accordance with the provisions of Rajasthan Excise Act, 1950, therefore the petitioners under this impression have directly approached this court at the notice stage. Counsel further submits that the respondents be directed to hear the petitioners and decide the matter in accordance with the provisions of Rajasthan Excise Act,1950. Mr. M.S. Singhvi, learned Advocate General submits that the reply submitted by the petitioners to the notice (Annexure-3)issued to each of the petitioner, will be considered by the respondents in accordance with the provisions of Rajasthan Excise Act, 1950.

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(5 of 5)

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[CW-221/2020]

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In that view of the matter, all the writ petitions stands disposed of with a direction to the respondents to decide the matter within a period of one month after providing opportunity of hearing to the petitioners with regard to the notice (Annexure-3).

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Copy of this order be separately placed in each connected file.”

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Counsel for the parties candidly admits that order squarely covers the issue in hand.

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Accordingly, the application under Article 226(3) of the Constitution of India for vacation of interim order as well as the writ petition is disposed of with a direction to the respondents to decide the matter within a period of one month after providing opportunity of hearing to the petitioners with regard to the notice.

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Copy of this order be separately placed in each connected

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file.

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(DR. PUSHPENDRA SINGH BHATI),J.

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23-29 Sanjay/-

Gaurav v. State of Rajasthan

Case brief

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Gaurav v. State of Rajasthan

Case brief

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