Division Bench Special Appeal Writ challenging Excise Temperance Policy 2020-21 was disposed of in light of Supreme Court order in Het Ram Meel and High Court order in Raju Singh, directing deposit of disputed amounts before release of security.
Deposition of disputed amount within four weeks directed for release of security and applicable amounts.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 478/2021
Poonam Nagda Nagda D/o Panna Lal Nagda, Aged About 30 Years, R/o Brahaman Basti, Sisrma, Udaipur.
----Appellant
----Respondents
HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
12/04/2023
This appeal is directed against the order dated 11.01.2021 passed by learned Single Judge in a batch of writ petitions, led by Balveer Bana Vs. State of Rajasthan & Ors.: SBCWP No. 11384/2020 and other connected writ petitions.
Learned counsel for the appellant at the outset made submissions that several petitions were filed before Single Bench and few matters were also filed in Division Bench seeking to question the validity of excise policy, however, the relief claimed was similar and the Division Bench in Raju Singh Vs. State of Rajasthan & Ors.: D.B. CWP No. 3239/2021, decided on
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11.05.2022, has based on the order dated 22.11.2021 passed by Hon’ble Supreme Court in Het Ram Meel & Ors. Vs. State of Rajasthan & Ors. in SLP No. 837-838/2021, decided the writ petition and, therefore, the present Special Appeal Writ may also be decided in terms of the order passed in the case of Raju Singh (supra).
Learned Advocate General does not dispute the fact of passing of the order in the case of Raju Singh (supra) and submits that in case, similar order is passed, he has no objection.
In the case of Raju Singh (supra), a Co-ordiante Bench inter
alia observed and ordered as under:-
“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.
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.
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.
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
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governed by the decision rendered by Hon’ble Supreme Court in the case of Het Ram Meel (supra).
The writ petitions are disposed off in these terms. The stay applications are also disposed off.”
In view of the submissions made, the Special Appeal Writ filed by the appellant is disposed of with similar directions as given in the case of Raju Singh(supra).
(RAJENDRA PRAKASH SONI),J
(ARUN BHANSALI),J
3-Payal/-
3 issues framed by the court
Whether the appeal filed against the order under the Excise Temperance Policy 2020-21 be decided in light of the Supreme Court's order in Het Ram Meel & Ors.
Whether the appellant be directed to deposit disputed amounts with the Excise Department within four weeks to release security and applicable amounts.
Whether the writ petitions be disposed off with similar directions as given in Raju Singh.
Colour shows how this judgement treated each authority
Balveer Bana Vs. State of Rajasthan & Ors.Referred¶15
Balveer Bana Vs. State of Rajasthan & Ors.: SBCWP No. 11384/2020
Raju Singh Vs. State of Rajasthan & Ors.Followed¶16
Raju Singh Vs. State of Rajasthan & Ors.: D.B. CWP No. 3239/2021
Het Ram Meel & Ors. Vs. State of Rajasthan & Ors.Followed¶20
Het Ram Meel & Ors. Vs. State of Rajasthan & Ors. in SLP No. 837-838/2021
Satveer Chaudhary Vs. State of Rajasthan & Ors.Distinguished¶25
Satveer Chaudhary Vs. State of Rajasthan & Ors.: D.B. Civil Writ Petition No.10936/2020
1 provisions across 1 enactments
POONAM NAGDA NAGDA
STATE OF RAJASTHAN
ARUN BHANSALI
RAJENDRA PRAKASH SONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
