Madan Lal Jat vs State Of Rajasthan
2022 Latest Caselaw 10055 Raj

(1 of 2) [CW-3099/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 3099/2021

Madan Lal Jat S/o Kalu Lal Jat, Aged About 46 Years, R/o Sahanva, Chittorgarh.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.

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

3. District Excise Officer, Chittorgarh.

----Respondents

For Petitioner(s) : Mr. Girish Joshi Advocate For Respondent(s) : Mr. M.S. Singhvi, Advocate General with Mr. K.S. Lodha Advocate through Video Conferencing.

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment / Order

02/08/2022

The instant writ petition has been preferred by the petitioner

challenging the notice issued in pursuance of clauses 4.6 and 3.18 of the

Excise Policy 2020-21 and to refund the license fee received from the

petitioner for the period, for which the shop remained closed owing to

orders passed by the State Government and the Central Government.

Mr. M.S. Singhvi, learned Advocate General assisted by Mr. K.S.

Lodha advocate representing the respondents, urged that a bunch of writ

petitions led by D.B. Civil Writ Petition No.10936/2020 (Satveer

Chaudhary Vs. State of Rajasthan & Ors.) involving identical controversy

has been dismissed by the Division Bench of this Court at Jaipur vide

(2 of 2) [CW-3099/2021]

order dated 08.12.2020 and hence, the instant writ petition may also be

dismissed.

However, Mr. Girish Joshi, learned counsel representing the

petitioner, submitted that the order passed by the learned Division Bench

in the case of Satveer Chaudhary (supra) has been assailed before the

Hon'ble Supreme Court in SLP No.837-838/2021 (Het Ram Meel & Ors.

Vs. The State of Rajasthan & Ors.), wherein a direction has been given to

release the security amounts and other applicable amounts to the litigants

therein subject to the condition that petitioner deposits the disputed

amounts with the Excise Department within a period of four weeks.

Accordingly, it is hereby directed that the petitioner shall deposit the

disputed amount with the respondent Excise Department within a period

of four weeks from today, whereupon the security amount and all other

applicable amounts shall be released in favour of the petitioner in

accordance with law. The rights of the petitioner shall be governed by the

decision rendered by Hon'ble Supreme Court in the case of Het Ram Meel

(supra).

The writ petition is disposed off in the aforesaid terms. The stay

application is also disposed off

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Sanjay Kumawat-16

Powered by TCPDF (www.tcpdf.org)