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Sudhil Prajapati S/O. Shyam ... vs The State Of Rajasthan
2021 Latest Caselaw 5502 Raj/2

Citation : 2021 Latest Caselaw 5502 Raj/2
Judgement Date : 1 October, 2021

Rajasthan High Court
Sudhil Prajapati S/O. Shyam ... vs The State Of Rajasthan on 1 October, 2021
Bench: Dinesh Mehta
      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 7332/2021

1.    Sudhil Prajapati S/o. Shyam Swaroop Prapati, Aged About
      27 Years, Resident Of Ward No.9, Govindpura Bawadi,
      Bundi (Raj.)
2.    Rohit Prajapati S/o. Shyam Swaroop Prajapati, Resident
      Of Govindpur Bawadi, Bundi (Raj.)
3.    Rani Raika W/o. Mukesh Raika, Resident Of 1051, Pandit
      Deen Dayal Upadhayay Nagar, Kota (Raj.)
4.    Vinod Jhamnani S/o. Parasram Jhamnani, Aged About 38
      Years, Resident Of 627, Dadabadi, Kota (Raj.)
5.    Ajay Singh S/o. Kanha Singh Rathore, Aged About 38
      Years, Resident Of Dr. Sukhlal Ki Gani, Sabjimandi,
      Chawani, Kota (Raj.)
6.    Manoj Kumar Agarwal S/o. Shri Ram Pratap Ji, Resident
      Of Ward No.8, Indra Gandhi Nagar, Kota.
7.    Santosh Kumar Agarwal S/o. Shri Ram Pratap Ji, Resident
      Of Ward No.32, Prem Nagar-Iii, Kota (Raj.)
8.    Rajendra Kumar Agarwal S/o. Shri Ram Pratap Ji,
      Resident Of Ward No.31, Indra Gandhi Nagar, Kota.
9.    Deepak Pareta S/o. Krishan Lal, Resident Of Ward No.30,
      Indra Gandhi Nagar, Kota.
10.   Dinesh Bajerwal S/o. Shri Rajendra Kumar Garhwal,
      Proprietor Of Firm M/s. Jai Kalka Group, Resident Of Prem
      Nagar-Iii, Kota (Raj.)
11.   Ashok Kumr Sarwara S/o. Mohan Lal, Resident Of 296,
      Namrata Avas, Bajrang Naga, Police Line, Kota (Raj.)
12.   Gopesh Arora S/o. Shri Shyam Sunder Arora, Resident Of
      12-B, New Colony, Gumanpura, Kota (Raj.)
                                                                  ----Petitioners
                                   Versus
1.    The State Of Rajasthan, Through Its Principal Secretary,
      Department Of Finance, Govt. Of Rajasthan, Secretariat,
      Jaipur.
2.    Commissioner,         Excise       Department,            Government    Of
      Rajasthan To Gumaniwala, Panchwati, Udaipur (Raj.)
3.    District Excise Officer, Department Of Excise, Kota (Raj.)


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                                                                  ----Respondents

Connected With S.B. Civil Writ Petition No. 6956/2021

1. Cwbajrang S/o Hemaram, Aged About 30 Years, Resident Of Village Nolya, Tehsil Dudu, District Jaipur, Rajasthan.

2. Deepak Kumar S/o Dayachand, Aged About 38 Years, Resident Of Chubkiya Tal, District Churu, Rajasthan.

3. Renu W/o Deepak Kumar, Aged About 35 Years, Resident Of Chubkiya Tal, District Churu, Rajasthan.

4. Santosh Devi W/o Bodu, Aged About 47 Years, Resident Of Village Jagannathpura, Post Ajayrajpura, Tehsil Sanganer, District Jaipur, Rajasthan.

----Petitioners Versus

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

2. Secretary, Finance (Excise) Department, Government Of Rajasthan, Government Secretariat, Jaipur.

3. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.

4. District Excise Officer, Jaipur Rural, Excise Department, Rajasthan, Jaipur.

----Respondents S.B. Civil Writ Petition No. 7501/2021 Sarjeet Singh Rathore S/o Magan Singh, Aged About 51 Years, R/o 270,a. K Gopalan Nagar, Khatipure Jothwara Jaipur (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

                                         (3 of 19)                   [CW-7332/2021]


                                                               ----Respondents

S.B. Civil Writ Petition No. 7503/2021 Jyoti, Aged About 30 Years, R/o Sfs Colony, Muhana, Sanganer, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7507/2021 Parv Jain S/o Sh. Jambu Kumar Jain, Aged About 21 Years, R/o Anar Bhawan, Teli Pada, District Sawaimadhopur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer, Dausa, Department Of Excise, Near R.t.o Office, Collectrate Choraha, Dausa, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7509/2021 Sitaram Choudhary, Aged About 54 Years, R/o Plot No. 9, Pandwo Ki Dhani, Shikarpura Road, Ward No. 31, Sanganer, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

                                        (4 of 19)                   [CW-7332/2021]


2.    The    State     Of      Rajasthan,           Through         Its   Excise
      Commissioner,       Excise       Building,         2,   Gumaniyamala,

Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7516/2021 Surendra Singh Meel S/o Gangajal Meel, Aged About 43 Years, R/o A-131, Valmiki Marg, Hanuman Nagar, Jaipur (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

----Respondent S.B. Civil Writ Petition No. 7516/2021

----Petitioners Versus

1. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondent S.B. Civil Writ Petition No. 7516/2021

----Petitioners Versus

1. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

2. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7535/2021 Jaiswal Sanjay Bhai S/o Sh. Suvalal Jaiswal, Aged About 52 Years, R/o 1 Sentossa, Neemland, Near Cancel Adalaj, District Gandhinagar Gujrat.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary,

(5 of 19) [CW-7332/2021]

Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan-313001.

3. District Excise Officer, Dausa, Department Of Excise, Near R.t.o. Office, Collectrate Choraha, Dausa, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7540/2021 Jaswant Singh Meel S/o Jaimal Ram Meel, Aged About 57 Years, R/o Valmiki Marg, Hanuman Nagar, Khatipura, Jaipur (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7542/2021 Anjali Anish Jaiswal W/o Sh. Anish Jaiswal, Aged About 23 Years, R/o Devpreet Bunglows, Opp Government Eng.college, Gandhinagar Highway, Ahmedabad, Gujrat.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer, Dausa, Department Of Excise, Near R.t.o Office, Collectrate Choraha, Dausa, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7545/2021

(6 of 19) [CW-7332/2021]

Sahil Arora S/o Sanjay Kumar Arora, Aged About 18 Years, R/o F-1-254, Chitrkoot, Vaishali Nagar, Near Global Heart Hospital, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7556/2021 Amin Ali S/o Babu Khan, Aged About 43 Years, R/o 36 Mehnat Nagar, Kachi Basti, Hatwara, Jaipur.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7559/2021 Bhumika Jaiswal S/o Sh. Ghanshyam Jaiswal, Aged About 38 Years, R/o 38 Jaiswal Bhawan, Sainthal Road, District Dausa, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2.     The     State    Of      Rajasthan,           Through         Its   Excise


                                        (7 of 19)                   [CW-7332/2021]


      Commissioner,       Excise       Building,         2,   Gumaniyamala,

Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer, Dausa, Department Of Excise, Near R.t.o Office, Collectrate Choraha, Dausa, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7601/2021 Yasmin Bano W/o Shokin, Aged About 37 Years, R/o 39 Hatwara Road, Hemant Nagar Jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7602/2021 Urmila Rani W/o Manjeet Singh, Aged About 44 Years, R/o Jawahar Nagar, Sriganganagar(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7603/2021 Amin Ali Tak S/o Yusuf Khan, Aged About 43 Years, R/o Ward No 20, Kalalo Ka Mohalla, Hanumangarh Town, Rajasthan.

                                                                   ----Petitioner



                                        (8 of 19)                   [CW-7332/2021]


                                 Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7605/2021 Krishna Sharma W/o Giriraj Sharma, Aged About 26 Years, R/o Hawala Ki Dhani, Muhana,jaipur (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7609/2021 Monika Kanwar W/o Mahendra Singh Rajawat, Aged About 32 Years, R/o A-89, Patel Nagar, Ward No. 12, Bindayka Nagar Nigam, Sinwar Moad, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

                                        (9 of 19)                   [CW-7332/2021]


                                                              ----Respondents

S.B. Civil Writ Petition No. 7610/2021 Ashiya Bano W/o Aamin Ali, Aged About 40 Years, R/o 35 Mehnat Nagar, Hatwara, Khatipura Road,jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7611/2021 Sonia Tak W/o Dinesh Tak, Aged About 40 Years, R/o 4/18, Shanti Niketan, Sunder Nagar, Sendra Road, Beawar, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Kota), Durga Nagar, Dadabadi, Kota, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7612/2021 Om Prakash Tak S/o Ramgopal Tak, Aged About 43 Years, R/o Jal Chakki, Rajsamand, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

                                        (10 of 19)                  [CW-7332/2021]


2.    The    State     Of      Rajasthan,           Through         Its   Excise
      Commissioner,       Excise       Building,         2,   Gumaniyamala,

Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Kota), Durga Nagar, Dadabadi, Kota, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7613/2021 Najma Bano W/o Mohmmad Skill, Aged About 36 Years, R/o Kayam Nagar, Gali No, 3 Diadwana, Nagaur,(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7614/2021 Saket Agarwal S/o Suresh Chand Gupta, Aged About 41 Years, R/o 27, Everest Vihar, Kings Road, Nirman Nagar, Jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7615/2021 Arjun Singh Tanwar S/o Thakur Shree Madho Singh Tanwar, Aged About 46 Years, R/o Plot No. 85A,buhana Mention, Jagdamba

(11 of 19) [CW-7332/2021]

Nagar, Ajmer Road Jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7616/2021 Mohan Lal Meena S/o Hanuman Sahai Meena, Aged About 57 Years, R/o Meena Kunj, Railway Station, Jagatpura, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7617/2021 Priya D/o Manjeet Singh, Aged About 25 Years, R/o Behind Sihag Hospital, Jawahar Nagar, Sriganganagar(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of

(12 of 19) [CW-7332/2021]

Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7619/2021 Amjad Ali Panwar S/o Riyaj Mohammed Panwar, Aged About 40 Years, R/o 37 Mehnat Nagar, Hatwara 60 Fit Road, Khatipura Road,jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7620/2021 Raheesa W/o Riyaj Mohammad Panwar, Aged About 60 Years, R/o 37, Mehanat Nagar, 60Ft Road, Hatwara, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7621/2021 Narayan Saini S/o Phool Chand Saini, Aged About 33 Years, R/o 63/75 Ke Samne, Sector-6, Pratap Nagar, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary,

(13 of 19) [CW-7332/2021]

Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7622/2021 Shivbhag Kanwar W/o Sarjeet Singh Rathore, Aged About 50 Years, R/o 270,a. K Gopalan Nagar, Khatipura, Jothwara Jaipur (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7623/2021 Nirmala Devi W/o Shiv Shankar Yadav, Aged About 41 Years, R/o 74, Vijay Nagar, Malika Ki Dhani, Hasteda, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7624/2021

(14 of 19) [CW-7332/2021]

Madina Bano W/o Babu Khan, Aged About 63 Years, R/o 34-35- 36-37 Mehnat Nagar, Hatwara 60 Fit Road, Khatipura Road,jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7625/2021 Sant Kumar Jangid S/o Goru Ram Jangid, Aged About 60 Years, R/o Hanumanpura, Jhunjhunu, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7634/2021 Munshi Khan S/o Bhure Khan, Aged About 58 Years, R/o 39 Mehnat Nagar, Hatwara 60 Fit Road, Khatipura Road,jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2.      The   State     Of      Rajasthan,           Through           Its   Excise


                                         (15 of 19)                  [CW-7332/2021]


       Commissioner,       Excise       Building,         2,   Gumaniyamala,

Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7635/2021 Shaitan Bairwa S/o Ramratan Bairwa, Aged About 37 Years, R/o 283, Industrial Area Kunda Basti, Jhalana Dungri, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7637/2021 Dev Kumar Yadav S/o Babulal, Aged About 45 Years, R/o 10, Prem Vihar, Near Golden Domes , Jagatpura, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

----Respondents S.B. Civil Writ Petition No. 7639/2021 Anju Bano W/o Amzad Ali Panwar, Aged About 36 Years, R/o 37, Hemant Nagar, 60 Feet Road, Hatwada, N.b.c, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary,

(16 of 19) [CW-7332/2021]

Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7640/2021 Pramod Beniwal S/o D.r Beniwal, Aged About 46 Years, R/o Plot No. 185 Swami Vihar, Nirman Nagar, Shyam Nagar, Jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7641/2021 Priti Tamra W/o Lalit Tamra, Aged About 53 Years, R/o D-261, Devi Marg, Bani Park, Shashtri Nagar, Jaipur,rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7643/2021

(17 of 19) [CW-7332/2021]

Jyoti W/o Gajendra, Aged About 30 Years, R/o Sfs Colony, Muhana, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7646/2021 Shokin Ali Panwar S/o Abid Munsi, Aged About 40 Years, R/o 39, Mehnat Nagar, Kachi Basti, Hatwara, 60 Feet Road, Khatipura, Jaipur(Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Excise Commissioner, Excise Building, 2, Gumaniyamala, Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City), Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7649/2021 Razia Bano W/o Ayub Ali Panwar, Aged About 49 Years, R/o 35 Mehnat Nagar, Hatwara 60 Fit Road, Khatipura Road,jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Finance Department, Government Of Rajasthan, Government Secretariat, Jaipur.

2.     The     State    Of      Rajasthan,           Through         Its   Excise


                                          (18 of 19)                [CW-7332/2021]


        Commissioner,        Excise      Building,         2,   Gumaniyamala,

Panchvati, Udaipur, Rajasthan- 313 001.

3. District Excise Officer (Jaipur City) Jaipur, Department Of Excise, Vitta Bhawan, Janpath, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Rajveer Sharma Mr. Achintya Kaushik Mr. Ashutosh Bhatia For Respondent(s) : Mr. M.S. Singhvi, Advocate General with Mr. Darsh Pareek

JUSTICE DINESH MEHTA

Judgment

01/10/2021

1. Mr. Singhvi, learned Advocate General, appearing for the

State submits that the issue involved in these writ petitions is

squarely covered by judgment dated 27.08.2021 passed by this

Court in bunch of writ petitions led by SBCWP No.7543/2021

(Babu Khan Vs. State of Rajasthan & Ors.).

2. Learned counsel for the petitioners are not in a position to

dispute the aforesaid positions of facts and law.

3. In the case of Babu Khan (supra), this Court has held thus:

"42. Liquor as a business involves risks. An entrepreneur is required to take risks which is inevitable. Loss and profit is also inevitable part of business. In essence, when the petitioners took a risk to submit their bids, they were actually taking a gamble. When a person knows the risk and reward relationship, it is business. When a person accepts profit without adequate knowledge, then it is gambling. All the petitioners had full knowledge of the pandemic with which the entire State was grappling. It is with the pigeon's- eye that they self estimated that the pandemic has gone. Loss caused to them cannot be put on the shoulders of the of the Government as with the open eyes they have submitted higher bids and accepted the conditions of the policy. They cannot now turn around and claim as a right from this

(19 of 19) [CW-7332/2021]

Court for a mandamus as against the State.

43. Before concluding, this Court, however, deems it appropriate to observe that granting of rebate in making payments is an exclusive discretion of the State and falls within the administrative domain of the State Government who has laid down the excise policy. The State Government would, therefore, be the best to take a decision whether further reduction/rebate is required to be granted to the liquor vendors. Leaving it open for the petitioners to take up their cause before the State Government, this Court is of the firm view that writ jurisdiction cannot be invoked for such demands."

4. Following the judgment in case of Babu Khan (supra), all

these writ petitions are dismissed.

5. Stay applications and all interlocutory applications stand

disposed of.

6. Registry is directed to place photostat copy of this order in

each file.

(DINESH MEHTA),J

RAHUL-104-145

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