Allowed

Sampat Ram v. State of Rajasthan

Rajasthan HC10 May 2022CW/4314/2021

Case brief

AI extract

What is this about?

Division Bench allowed connected writ petitions challenging Excise Department notices by directing petitioners to deposit disputed amounts within four weeks, with refunds to follow per the Supreme Court's decision in Het Ram Meel.

What did the court decide?

Directed petitioners to deposit the disputed amount with the respondent Excise Department within a period of four weeks from today, upon which the security amount and all other applicable amounts shal

Sampat Ram Vs State of Rajasthan — Contract and Commercial Disputes | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 4314/2021

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Sampat Ram S/o Mahendra Singh, Aged About 35 Years, B/c Mali, R/o Amliya Wala Bera, Pipar City, Shop Gp Sangariya.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary (Finance), 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, Jodhpur

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----Respondents

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Connected With

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D.B. Civil Writ Petition No. 4652/2021

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Narendra Kumar Geana S/o Roopa Ram Geana, Aged About 42 Years, B/c Geana, R/o Charla Baas, Ward No. 19, Sujangarh, Dist. Churu.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary (Finance), 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, Churu.

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----Respondents

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For Petitioner(s) : Mr. Rishabh Handa on behalf of Mr. Girish Joshi For Respondent(s) : Mr. Girish Kumar Sankhla

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HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI

(2 of 3)

[CW-4314/2021]

Order

10/05/2022

The instant writ petitions have been preferred by the petitioners for challenging the notice issued in pursuance of clauses 4.6 and 3.18 of the Excise Temperance Policy 2020-21 and to refund the licence fee received from the petitioners for the period, for which the shop remained closed owing to orders passed by the State Government and the Central Government.

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Mr. Girish Kumar Sankhla, learned counsel representing the respondents, urged that a bunch of writ petitions led by D.B. Civil Writ Petition No.10936/2020 (Satveer Chaudhary Vs. State of Rajasthan & Ors.) involving identical controversy has been dismissed by the Division Bench of this Court at Jaipur vide order dated 08.12.2020 and hence, the instant writ petitions may also be dismissed.

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However, Mr. Rishabh Handa, associate to Mr. Girish Joshi, learned counsel representing the petitioners, submitted that the order passed by the learned Division Bench in the case of Satveer Chaudhary (supra) has been assailed before the Hon’ble Supreme Court in SLP No.837-838/2021 (Het Ram Meel & Ors. Vs. The State of Rajasthan & Ors.) , wherein a direction has been given to release the security amounts and other applicable amounts to the litigants therein subject to the condition that they deposit the disputed amounts with the Excise Department within a period of four weeks.

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Accordingly, it is hereby directed that the petitioners shall deposit the disputed amount with the respondent Excise Department within a period of four weeks from today, whereupon

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(3 of 3)

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[CW-4314/2021]

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the security amount and all other applicable amounts shall be released in favour of the petitioners in accordance with law. The rights of the petitioners shall be governed by the decision rendered by Hon’ble Supreme Court in the case of Het Ram Meel (supra).

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The writ petitions are disposed off in these terms. The stay applications are also disposed off.

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(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ 1&2 -RaviKh./-

Sampat Ram v. State of Rajasthan

Case brief

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Sampat Ram v. State of Rajasthan

Case brief

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