Disposed

Hirtu v. State of Rajasthan

Rajasthan HC11 May 2022CW/7050/2021

Case brief

AI extract

What is this about?

Court disposed three connected writ petitions challenging refund notices issued under Excise Temperance Policy 2020-21. Directing petitioners to deposit disputed amounts with the Excise Department within four weeks based on the Supreme Court judgment in Het Ram Meel, ruling that security and other amounts shall then be released. Stay applications also disposed.

What did the court decide?

Directed petitioners to deposit disputed amounts with the Excise Department within four weeks to secure release of security funds.

Hirtu Vs State of Rajasthan — Rajasthan HC (2022) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 3239/2021

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Raju Singh S/o Purn Singh, Aged About 38 Years, B/c Rajput, R/ o Gopalpura Road, Ward No. 4, Sujangarh.

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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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District Excise Officer, Churu

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----Respondents

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Connected With

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D.B. Civil Writ Petition No. 7048/2021

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Laxmi Sharma W/o Ajay Sharma, Aged About 41 Years, B/c Sharma, R/o Adangarh, Distt. Jhunjhunu.

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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, Bikaner.

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----Respondents

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D.B. Civil Writ Petition No. 7050/2021

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Hirtu D/o Maniram, Aged About 23 Years, B/c Mali, R/o Buchavas, Taranagar, 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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(2 of 3)

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[CW-3239/2021]

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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) For Respondent(s)

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: Mr. Rishabh Handa on behalf of Mr. Girish Joshi

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: Mr. Girish Kumar Sankhla

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HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI Order 11/05/2022

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The instant writ petitions have been preferred by the petitioners 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

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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

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(3 of 3)

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[CW-3239/2021]

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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 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

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(MANINDRA MOHAN SHRIVASTAVA),ACJ

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1-3 Ravi Kh/-

Hirtu v. State of Rajasthan

Case brief

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Hirtu v. State of Rajasthan

Case brief

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