This court dismissed connected writ petitions filed by liquor vendors seeking rebate on payments. Relying on Babu Khan, the court held rebate is an exclusive administrative discretion of the State Government and not a right enforceable via writ jurisdiction.
All writ petitions and stay applications dismissed.
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 AT JODHPUR
(1) S.B. Civil Writ Petition No. 8421/2021
Mithlesh Suwalka S/o Shri Madan Lal, Aged About 32 Years, R/o 29 Sector No. 11, District Udaipur.
----Petitioner
Versus
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 8013/2021
----Petitioners
(2 of 5)
[CW-8421/2021]
Versus
----Respondents
(3) S.B. Civil Writ Petition No. 8438/2021
Ashok Chittora S/o Shri Gehri Lal Ji, Aged About 50 Years, R/o 201, A-Block, Sector No. 14, Udaipur, District Udaipur.
----Petitioner
Versus
----Respondents
(4) S.B. Civil Writ Petition No. 9248/2021
Bijendra Kumar Meena S/o Shri Suva Lal Meena, Aged About 35 Years, R/o Village Manpura, District Pratapgarh, Rajasthan.
----Petitioner
Versus
----Respondents
(5) S.B. Civil Writ Petition No. 9403/2021
Subhash Chander S/o Shri Kanwarsain, Aged About 41 Years, R/o Village Deeplana, Tehsil Nohar, District Hanumangarh (Raj.).
----Petitioner
Versus
(3 of 5) [CW-8421/2021]
(6) S.B. Civil Writ Petition No. 9417/2021
Smt. Suman W/o Shri Jaichand, Aged About 36 Years, R/o Village Deeplana, Tehsil Nohar, District Hanumangarh (Raj.)
----Petitioner
Versus
----Respondents
(7) S.B. Civil Writ Petition No. 9421/2021
Jaichand S/o Shri Murlidhar, Aged About 38 Years, R/o Village Deeplana, Tehsil Nohar, District Hanumangarh (Raj.)
----Petitioner
Versus
----Respondents
(4 of 5)
[CW-8421/2021]
JUSTICE DINESH MEHTA
Judgment
27/10/2021
“42. Liquor as a business involves risks. An entrepreneur is required to take risks which is inevitable. Loss and profit is also inevitable part of business. In essence, when the petitioners took a risk to submit their bids, they were actually taking a gamble. When a person knows the risk and reward relationship, it is business. When a person accepts profit without adequate knowledge, then it is gambling. All the petitioners had full knowledge of the pandemic with which the entire State was grappling. It is with the pigeon'seye that they self estimated that the pandemic has gone. Loss caused to them cannot be put on the shoulders of the of the Government as with the open eyes they have submitted higher bids and accepted the conditions of the policy. They cannot now turn around and claim as a right from this Court for a mandamus as against the State.
(5 of 5)
[CW-8421/2021]
(DINESH MEHTA),J
12-18-Rahul/-
1 issue framed by the court
Whether the petitioners are entitled to writ jurisdiction for a mandate regarding granting of rebate on liquor payments.
Colour shows how this judgement treated each authority
Babu Khan Vs. State of Rajasthan & Ors.Followed¶76
SBCWP No.7543/2021 (Babu Khan Vs. State of Rajasthan & Ors.)
Mithlesh Suwalka
S.B. Civil Writ Petition No. 8421/2021 and other connected writ petitions
State Of Rajasthan
Commissioner, Excise Department, Government Of Rajasthan
District Excise Officer, Udaipur/Jodhpur/Pratapgarh/Hanumangarh
Rishabh Kachhwaha
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
