Rajasthan High Court
Pramod S/O Tara Singh vs The State Of Rajasthan on 23 November, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13492/2021
Pramod S/o Tara Singh
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Hanuman Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
23/11/2021
Counsel for the petitioner submits that the issue involved in
this writ petition has been considered and decided by the Co-
ordinate Bench of this Court at Principal Seat, Jodhpur in the
matter of Prabhu Singh & Anr. Vs. State of Rajasthan & Anr. (S.B.
Civil Writ Petition No. 6496/2020) where-in on 16.02.2021
following order was passed;
"In wake of onslaught of COVID-19, abundant
caution is being taken while hearing the matters in
Court.
Learned counsel for the petitioners submits that
the petitioners are license holders for sale of
country made liquor in their respective
wards/areas as per the draw of lottery held on
12.03.2020. Learned counsel for the petitioners
submits that as per the Clause 3.7.6 of the policy
of 2021 dated 08.02.2020, the license holder is
bound to take stock of 30% 25 UP Rajasthan
made liquor (in short RML) every month and if he
does not take stock of 30% 25 UP RML, then the
RML shall be adjusted quarterly or in other
months. Learned counsel for the petitioners
further submits that the RML has various brands
and, therefore, the respondents cannot force to
take one particular brand i.e. Royal Classic
Whiskey-RML 25 UP 180 ml, which they are trying
to do in this particular case, which is shown at
pages 62 and 63 of the writ petition. Learned
counsel for the petitioners further submits that the
appeal is not an efficacious remedy at this stage
(2 of 2) [CW-13492/2021]
because the policy itself is upto 31.03.2021 and
expeditious disposal is warranted.
Learned counsel for the respondent has
vehemently opposed the writ petition on the
ground of availability of alternate remedy of
appeal and also on the ground that the
respondents have acted strictly in accordance with
the policy and the petitioners were bound to abide
by the condition No.3.7.6 of the policy in hand.
Learned counsel for the respondents has relied
upon the judgment passed by the Division Bench
of this Court at Jaipur in the case of Satveer
Chaudhary V/s State of Rajasthan & Ors. (D.B.
Civil Writ Petition No.10936/2020), decided on
08.12.2020 wherein this Court has upheld the
excise policy on certain aspects.
Learned counsel for the petitioners has relied upon
the same judgment while submitting that the writ
jurisdiction was exercised by this Court.
After hearing learned counsel for the parties and
perusing the policy in question, this Court is of the
opinion that Clause 3.7.6 has to be absolutely
applied upon the petitioners but this cannot be
restricted to one particular brand as the policy
speaks of the license holder being bound to take
stock of 30% 25 UP Rajasthan made liquor (in
short RML) every month. The policy though speaks
of 30% 25 UP RML but does not speak of a
particular brand. Therefore, restricting the
petitioners to one brand of RML is absolutely
arbitrary and contrary to the policy itself. The
policy is going to an end on 31.3.2021 and
expeditious disposal is warranted.
In view of the above, the present writ petition is
allowed and the respondents are directed not to
compel the petitioners to take a particular brand
against the policy in Clause No.3.7.6 of RML but
the choice of brand as available in stock shall be
given by the petitioners themselves.
Stay application stands disposed of.
All pending applications stand disposed of.
In that view of the matter, issue notice to the respondent(s),
returnable by four weeks.
Meanwhile, operation of the order dated 25.10.2021
(Annexure-6) & 08.11.2021 (Annexure-7) shall remain stayed.
(INDERJEET SINGH),J
CHETNA BEHRANI /109
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