Disposed

Mohit Nagar S/O Kaushal Kumar Nagar v. State of Rajasthan

Rajasthan HC8 Jul 2024CW/175/2022

Case brief

AI extract

What is this about?

A writ petition challenging the cancellation of a liquor license allotment and seeking refund of deposited funds was heard finally by consent. The Court held the challenge to the fresh auction was infructuous due to the expired tender year but granted liberty to challenge the specific order of forfeiture separately.

What did the court decide?

Writ petition disposed with liberty to challenge the order of forfeiture of composite amount separately. Stay application disposed of.

Mohit Nagar S/O Kaushal Kumar Nagar Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JP:28474]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 175/2022

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Mohit Nagar S/o Kaushal Kumar Nagar, Aged About 26 Years, R/o 194, Vallabh Badi, Gumanpura, Kota Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Excise Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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Excise Commissioner, Udaipur, Rajasthan.

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Additional Excise Commissioner, Zone Kota Rajasthan.

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District Excise Officer, Kota, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Babu Lal Sharma, Mr. Virendra Godara For Respondent(s) : Mr. Vivek Dangi

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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08/07/2024

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The matter has come up on an application (1/2024) for early listing and for vacation of stay order dated 05.01.2022 wherein respondents are directed not to finalise the auction of Shop No.118, however with consent of learned counsel for both parties, the writ petition has been heard finally.

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Petitioner filed instant petition under Article 226 of the Constitution of India, stating inter alia that a liquor license for Shop No.118 at Kota South (Urban) for year 2021-22 was sanctioned to the petitioner in the auction tender dated 23.10.2021 pursuant to which the petitioner has deposited the composite amount of Rs.13,37,788/- but respondents cancelled

[2024:RJ-JP:28474]

[CW-175/2022]

(2 of 2)

that allotment and issued a fresh E-tender Auction Notice dated 24.12.2021, which has been questioned by the petitioner. Petitioner has also prayed to refund all the composite amount, forfeited by respondents.

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Learned counsel for respondents states that the allotment liquor shop to the petitioner was cancelled vide order dated 28.12.2021 (Ann.R/1) and the composite amount deposited by the petitioner, was forfeited but since the petitioner has not challenged this order, as much as the prayer of petitioner was in respect of the tender for year 2021-22 which has expired, therefore, no relief in the instant petition can be granted.

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Having considered the subject matter in issue which pertains to issuance of license for the Shop No.118 for year 2021-22, with passage of time, the prayer of petitioner to challenge the fresh auction of such shop vide impugned notice dated 24.12.2021 has rendered infructuous. As far as grievance to refund of the composite amount deposited by the petitioner pursuant to allotment dated 23.10.2021, petitioner is at liberty to challenge the order dated 28.12.2021, which has not been challenged in the writ petition.

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With aforesaid liberty, the instant writ petition stands disposed of.

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Stay application and any other pending application, if any, stand disposed of.

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(SUDESH BANSAL),J

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TN/191

Mohit Nagar S/O Kaushal Kumar Nagar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohit Nagar S/O Kaushal Kumar Nagar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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