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Bajrang Singh v. State of Rajasthan

Rajasthan HC24 May 2023CW/4323/2021

Case brief

AI extract

What is this about?

In D.B. Civil Writ Petition No. 4323/2021, the Division Bench at Jodhpur disposed of a petition challenging an Excise notification for refund of licence fee. The court directed the petitioner to deposit the disputed amount as per the Supreme Court's decision in Het Ram Meel, after which the security shall be released.

What did the court decide?

Petitioner directed to deposit disputed amount with Excise Department within four weeks; upon compliance, security and other amounts shall be released.

Bajrang Singh Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJD/017197]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 4323/2021

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Bajrang Singh S/o Mool Singh, Aged About 36 Years, B/c Rajput, R/o Village Khichyasar, Tehsil Nokha, District Bikaner.

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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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For Petitioner(s) : Mr. Rishabh Handa for Mr. Girish Joshi For Respondent(s) : Mr. M.S. Singhvi, Sr. Advocate/AG (through VC) assisted by Mr. K.S. Lodha

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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24/05/2023

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1. The instant writ petition has been preferred by the petitioner 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 petitioner 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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2. Mr. M.S. Singhvi, learned Sr. Advocate and A.G. representing the respondents, urged that a bunch of writ petitions led by D.B.

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Civil Writ Petition No.10936/2020 (Satveer Chaudhary Vs.

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State of Rajasthan & Ors.) involving identical controversy has

(2 of 2)

[2023/RJJD/017197]

[CW-4323/2021]

been dismissed by the Division Bench of this Court at Jaipur vide order dated 08.12.2020 and hence, the instant writ petition may also be dismissed.

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3. However, Mr. Rishabh Handa, associate to Mr. Girish Joshi, learned counsel representing the petitioner, 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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4. Accordingly, it is hereby directed that the petitioner 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 petitioner in accordance with law. The rights of the petitioner shall be governed by the decision rendered by Hon’ble Supreme Court in the case of Het Ram Meel (supra). 5. The writ petition is disposed off in these terms. The stay application is also disposed off.

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(YOGENDRA KUMAR PUROHIT),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.216

Bajrang Singh v. State of Rajasthan

Case brief

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Bajrang Singh v. State of Rajasthan

Case brief

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