Rajasthan High Court - Jodhpur
Ajay Kumar Ninama vs State Of Rajasthan on 12 January, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Writ Petition No. 10867/2020
Pushkar Lal Nai
----Petitioner
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Civil Writ Petition No. 7431/2020
Nagjiram
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 8419/2020
Ajay
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 8604/2020
Smt. Asha Devi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 8716/2020
Sagar Kanwar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9372/2020
Sahdev
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9431/2020
Ummed Singh
(2 of 15) [CW-10867/2020]
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9433/2020
Smt. Surta
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9441/2020
Hensi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9462/2020
Smt. Sohan Kanwar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9559/2020
Kishan Singh
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9564/2020
Govind Ram
----Petitioner
Versus
State Government
----Respondent
S.B. Civil Writ Petition No. 9567/2020
Koyal Kanwar
----Petitioner
Versus
State Government
----Respondent
S.B. Civil Writ Petition No. 9576/2020
(3 of 15) [CW-10867/2020]
Bhanwar Lal
----Petitioner
Versus
State Government
----Respondent
S.B. Civil Writ Petition No. 9578/2020
Sanju Malviya
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9743/2020
Manju Devi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 9872/2020
Sunil Nagori
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10292/2020
Mahboob Ali
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10536/2020
Atmaram Meena
----Petitioner
Versus
State Of Rajasthan-State
----Respondent
S.B. Civil Writ Petition No. 10538/2020
Badam Khatik
----Petitioner
Versus
State Of Rajasthan-State
----Respondent
(4 of 15) [CW-10867/2020]
S.B. Civil Writ Petition No. 10541/2020
Priyanka Baser
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10542/2020
Akshay
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10547/2020
Suryaveer Singh Chouhan
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10565/2020
Bharti Darji
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10567/2020
Ajay Kumar Ninama
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10575/2020
Hemlata Patel
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10578/2020
Mangu Devi
----Petitioner
Versus
State Of Rajasthan
(5 of 15) [CW-10867/2020]
----Respondent
S.B. Civil Writ Petition No. 10618/2020
Champa Bai
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10622/2020
Chanda Kunwar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10699/2020
Asha Suwalka
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10868/2020
Sumitra Jat
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10872/2020
Babu Lal Gayri
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 10991/2020
Shambu Singh
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11143/2020
Anand Singh Shaktavat
----Petitioner
Versus
(6 of 15) [CW-10867/2020]
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11250/2020
Chun Singh Rajput
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11254/2020
Ram Singh Kitawat
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11548/2020
Chandan Mal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11741/2020
Kala Devi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11742/2020
Bhawna Kalal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11743/2020
Suryaveer Singh Chouhan
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11745/2020
Hemlata Patel
----Petitioner
(7 of 15) [CW-10867/2020]
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11750/2020
Akshay
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11752/2020
Mangu Devi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11754/2020
Padma
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11755/2020
Kuri Chand Kalal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11763/2020
Kamla Kalal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11833/2020
Urmila Mewara
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11840/2020
Yashoda Hemant Mewara
(8 of 15) [CW-10867/2020]
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11851/2020
Kantilal Bherulal Mewara
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11853/2020
Rahul Hiran
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11854/2020
Kalal Bharatkumar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11855/2020
Prakash Chand
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11862/2020
Mahaveer Mewara
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11864/2020
Meena Kumari
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 11865/2020
(9 of 15) [CW-10867/2020]
Suresh Chandra Jat
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12206/2020
Gomati
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12246/2020
Rajkanwar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12248/2020
Vikram Singh
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12250/2020
Meena Suhalka
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12251/2020
Nirmala Kanwar
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12290/2020
Maina Mewara
----Petitioner
Versus
State Of Rajasthan
----Respondent
(10 of 15) [CW-10867/2020]
S.B. Civil Writ Petition No. 12387/2020
Manju Bai
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12388/2020
Bhawana Darji
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12390/2020
Pushpa Kalal
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12393/2020
Pinki Devi
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12395/2020
Bhopal Singh Rathore
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12398/2020
Bhima
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 12699/2020
Versa Mewara
----Petitioner
Versus
State Of Rajasthan
(11 of 15) [CW-10867/2020]
S.B. Civil Writ Petition No. 13638/2020
Mohan Lal Khatik
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Civil Writ Petition No. 584/2021
Asha Suwalka
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr Rajendra Singh Rathore, Mr Girish
Joshi, Mr Bharat Boob, Mr Rakesh
Arora, Mr Deepak Bishnoi, Mr Anil
Bidan Halu, Mr Yashpal Khileri and Mr
Jayant Joshi
For Respondent(s) : Mr G.S.Sankhla & Mr K.S. Lodha for
Mr M.S.Singhvi-Advocate General
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/01/2021
The petitioners are the licence holders of the shops of
selling Indian made foreign liquor and country made liquor in
various locations of State of Rajasthan. They have filed these writ
petitions being aggrieved with the action of the respondent -
Excise Department of imposing penalty upon the petitioners for
the reason that they have failed to achieve the target of selling
the liquor as per the conditions of the agreement executed
between them and the respondent - Excise Department or in
other words for selling less quantity of liquor from the fixed target.
(12 of 15) [CW-10867/2020]
The Excise Department has imposed the said penalties and
demanded the same while invoking the provisions of Clauses 3.18
(i) & 4.6 of the Excise and Temperance Policy for 2020-21
(hereinafter referred as "Excise Policy 2020-21").
Mr G.S.Sankhla appearing on behalf of Mr M.S.Singhvi-
learned Advocate General has submitted that Division Bench of
this Court at Jaipur Bench in Satveer Chaudhary vs. State of
Rajasthan & Ors. (DBCWP No.10936/2020) and other
connected writ petitions decided on 08.12.2020 has dismissed
the challenge of Clauses 3.18 (i) & 4.6 of the Excise Policy 2020-
21 and the controversy raised in these writ petitions is squarely
covered by the said decision.
Learned counsels for the petitioners are not in a
position to dispute the fact that the challenge to the Clauses 3.18
(i) & 4.6 of the Excise Policy 2020-21 has been failed before the
Division Bench of this Court at Jaipur Bench.
The Division Bench of this Court at Jaipur Bench in
Satveer Chaudhary, and other connected writ petitions (supra)
has held as under:
"29. We have considered the contentions.
30. Admittedly, petitioners have entered into a
contract and as per the terms and conditions of the
license, they are required to follow the conditions
imposed by the respondent and the terms of the
Excise Policy. As per the terms of the Excise Policy
2020-21, petitioners were required to sell a
particular quantity of IMFL/Beer and in case of
shortlifting, they were required to pay the amount as
Additional Minimum Special Vend Fees. Further, they
were required to sell 10% more than the last year's
quantity. Petitioners have entered into the contract
(13 of 15) [CW-10867/2020]
with open eyes and now, they cannot challenge the
terms of the Excise Policy 2020-21, on the ground
that the clauses are contrary to Article 47 of the
Constitution of India and against the objects of the
Excise Policy. 31. It is a clear case of the respondent
that they are duty bound to supply good quality
product to the consumers and if restrictions are not
imposed, there would be illegal transportation of
liquor in the State and bad quality product would
find place in the market and would cause revenue
loss as well to the Government.
32. The Excise Policy for the year 2015-16 was
challenged before the Rajasthan High Court in the
case of "Abhishek Jaiswal vs. State of Rajasthan
& Ors. (D.B. Civil Writ Petition No.948/2016)."
The matter pertained to shortlifting of IMFL/Beer.
Division Bench held that charging of Additional Vend
Fees on account of shortlifting of IMFL/Beer, cannot
be said to be a tax or penalty and the same is
supported by Subordinate Legislation.
33. In the case of "Har Shankar & Ors. vs. The
Deputy Excise & Taxation Commissioner & Ors.
(AIR 1975 SC 1121), Apex Court has held that in a
concluded contract, Writ Petition is not an
appropriate remedy for impeaching contractual
obligations. In, "State of Rajasthan & Ors. vs.
M/S C.K.M. & Company (D.B. Civil Special
Appeal (Writ) No.212/2007)" there was
condition in the agreement that any kind of stoppage
of mining operations shall not have any bearing or
impact upon the recovery of royalty. The Writ
Petitioners in that case had entered into an
agreement for collection of royalty which contained
the aforesaid language of absolute liability
irrespective of the status of the mining operations.
The Court observed that in those circumstances, no
relief could have been granted to the petitioners as
the law of equity, without any basis, cannot override
specific conditions in the contract. In the present
case in hand also, petitioners have entered into a
(14 of 15) [CW-10867/2020]
contract, wherein, they have agreed to pay
Additional Special Vend Fees for shortlifting and the
same cannot be challenged in the Writ Jurisdiction.
34. The basis for challenge in this case is that the
Excise Policy 2020-21 is contrary to Article 47 of the
Constitution of India. Article 47 of the Constitution of
India deals with the Directive Principles of State
Policy. The State is bound to raise the level of
nutrition and standard of living and to improve
public health. As per the reply submitted by the
State, State wants to provide good quality liquor to
the consumers and to avoid pilfering of liquor from
other States, which may not be quality product,
State has put these conditions in the Excise Policy,
hence, the same cannot be said to be violative of
Article 47 of the Constitution of India.
35. Petitioners having entered into the contract with
open eyes, cannot now challenge the terms of the
contract under the Writ Jurisdiction. There are as
many as 5543 groups and number of shops are
6665. The number of IMFL shops are 1000. Out of so
many number of groups/shops, only the present
petitioners have approached the Court.
36. It is further evident that the petitioners have not
come with clean hands, as suitable relaxation and
rebates were given by the State to the petitioners
which have not been mentioned in the Writ Petitions
and interim order has been obtained from the
Hon'ble Court by concealing the material facts.
37. In view of the above, we do not find any merits
in the present Civil Writ Petitions. The same are
accordingly dismissed."
In view of the above, these writ petitions are
dismissed in terms of the judgment dated 08.12.2020 passed by
the Division Bench of this Court at Jaipur Bench in Satveer
Chaudhary vs. State of Rajasthan & Ors. (DBCWP
(15 of 15) [CW-10867/2020]
No.10936/2020), and other connected writ petitions
(supra).
Stay petitions also stand dismissed.
(VIJAY BISHNOI),J
masif/-PS
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