Premnarayan Rathore vs The State Of Madhya Pradesh
2021 Latest Caselaw 616 MP

                                  1 WA 265.21,WA,262.21 & WA 264.21

                The High Court of Madhya Pradesh
                          WA. 265.2021
             [Prem Narayan Rathore Vs. State of M.P.]
                          WA. 262.2021
             [Prem Narayan Rathore Vs. State of M.P.]
                                &
                          WA. 264.2021
             [Prem Narayan Rathore Vs. State of M.P.]

Gwalior dated : 10.03.2021

       Shri Prashant Sharma & Shri Siddharth Sharma, learned

counsel for appellants in all the appeals.

       Shri MPS Raghuvanshi, learned Additional Advocate General

for the State.

       Learned counsel for the rival parties are heard.

       In view of similar issue involved in all the above-said three

writ appeals, they are being disposed by this common order.

       For the sake of convenience, facts are taken from WA

265.2021.

       WA 265.2021 purported to be filed as intra court appeal u/S. 2

(1) of Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal)

Adhiniyam, 2005 assails the final order dated 28/1/2021 in

WP.2302/2007 passed by learned Single Judge allowing the petition

in question preferred by the State and in the process setting aside

appellate order dated 2/2/2006 of the Board of Revenue whereby the

appeal of respondent was allowed by setting aside the order of

Collector (Excise) Guna dated 1/5/1996 and as well as of the Excise

Commissioner Gwalior dated 9/10/1998 whereby penalty was

imposed against respondent for failure to lift the minim liquor stock.

2 WA 265.21,WA,262.21 & WA 264.21

After hearing learned counsel for the rival parties on the

question of admission, learned counsel for appellants is unable to

point out any legal infirmity, impropriety or procedural irregularity in

the impugned order.

It is noticeable from bare perusal of the impugned order of

learned single judge that same is based on earlier decision of this

court on 30/11/2018 in WP.60/2016 [M/s.Som Distilleries Pvt. Ltd.

Vs. Excise Commissioner & Others]. Further the said order of single

bench passed in case of M/s.Som Distilleries Pvt. Ltd.(s) was

affirmed by Division Bench of this Court by rejection of WA. 366 /

2019 on 28/3/2019.

Learned counsel for appellants is unable to dispute the said

order having been passed in M/s.Som Distilleries Pvt. Ltd.(s) and the

same having not been challenged in any higher forum.

Once the judgment of M/s.Som Distilleries Pvt. Ltd.(s) on

which impugned order is based, has attained finality and learned

counsel for appellants is unable to distinguish the said verdict, this

court sees no reason to take a different view than the one taken by

learned single judge while allowing petition in question.

Consequently finding no merit in all the appeals, same are

hereby dismissed sans cost.

                                                    (Sheel Nagu)                               (Anand Pathak)
                                                      Judge                                        Judge

                       (Bu)
DHANA    Digitally signed by DHANANJAY
         BUCHAKE
         DN: c=IN, o=HIGH COURT OF


NJAY
         MADHYA PRADESH BENCH
         GWALIOR, ou=HIGH COURT OF
         MADHYA PRADESH BENCH
         GWALIOR, postalCode=474001,


BUCHAK
         st=Madhya Pradesh,

2.5.4.20=6489e9ca230b3031a4b44 a621934281f589875c02fb2a20e42 20aebc8a3ba7ec, cn=DHANANJAY

E BUCHAKE Date: 2021.03.12 20:29:35 +05'30'