Disposed

Kalyansingh Fateysingh Dewda v. State of Rajasthan

Rajasthan HC24 Jan 2023CW/97/2023

Case brief

AI extract

What is this about?

In S.B. Civil Writ Petition No. 97/2023, the Hon'ble High Court of Rajasthan at Jodhpur disposed of the petition in terms of a coordinate bench order dated 14.10.2022 in Tulsi Ram Gocher V/s State of Rajasthan. The court clarified that the case was disposed of based on identical facts but respondents are not bound by observations in this order if facts differ.

What did the court decide?

Impugned notices to be treated as show cause notices; petitioners allowed four weeks to file response; consequential attachment proceedings withdrawn.

Kalyansingh Fateysingh Dewda Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

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[2023/RJJD/001998]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 97/2023

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Kalyansingh Fateysingh Dewda S/o Shri Kalyan Singh, Aged About 56 Years, R/o At Choki, Padwa Gali, Khiwandi, Bankli, Pali (Raj.). Licensee Deshi Liquor Composite Shop G.p. Netra.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur.

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Commissioner, Excise Department, Udaipur.

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District Excise Officer, Block Sumerpur, District Pali.

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Rajasthan State Beverages Corporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan, (D-Block, Ist Floor), Janpath, Near Vidhan Sabha, Jaipur.

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Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office Jaipur Through Managing Director, 4Th Floor, Nehru Shankar Bhavan, Bhawani Singh Road, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Arvind Kulhar.

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For Respondent(s) : Mr. Sandeep Shah, Sr. Advocate & AAG assisted by Ms Akshiti Singhvi. Mr. Girish Sankhla.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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24/01/2023

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Learned counsel for the petitioner submits that the controversy involved in the present writ petition is squarely covered by a decision of coordinate bench of this court in a batch of writ petitions led by S.B.Civil Writ Petition No.11280/2022

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(Tulsi Ram Gocher V/s State of Rajasthan & Ors.) decided on 14.10.2022.

(2 of 2)

[2023/RJJD/001998]

[CW-97/2023]

Learned counsel for the petitioner further submits that the present writ petition may be disposed of in the light of order dated 14.10.2022 passed by the coordinate bench.

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Considering the limited prayer made, the present writ petition is also disposed of in terms of the order dated 14.10.2022 which reads as under:

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“Learned Additional Advocate General, at the outset, submits that all the demand notices/ orders impugned and under challenge in these writ petitions may be treated as show cause notices to the petitioners. He submits that the petitioners may file their response/ reply/ representation against these notices/ orders within a period of four weeks from today whereupon, the respondents shall proceed in accordance with law. Learned AAG further submits that all consequential proceedings including attachment orders in pursuance of the demand notices/orders in the instant writ petitions shall stand withdrawn.

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Learned counsel for the petitioners has no objection to the aforesaid submission and prays that the instant writ petitions may be disposed of in the aforesaid terms.

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In view thereof, these writ petitions are disposed of in terms of submission made by learned AAG”.

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It is made clear that the present writ petition is being disposed of on the statement made by learned counsel for the petitioner on the ground that the facts in the present case are identical to the facts of the cases which have been disposed of vide order dated 14.10.2022. The respondents shall not be influenced by any observation made in this order. In case, the facts in the present cases are different, they can take appropriate action in accordance with law.

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(VINIT KUMAR MATHUR),J

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203-AnilSingh/-

Kalyansingh Fateysingh Dewda v. State of Rajasthan

Case brief

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Kalyansingh Fateysingh Dewda v. State of Rajasthan

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