Rajasthan High Court - Jodhpur
Narendra vs State Of Rajasthan on 15 February, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 4073/2021
Chetna Kunvar Rathore W/o Praveen Singh Rathore, Aged About
36 Years, R/o Tirupati Nagar, Udaipur Road, Banswara,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary , Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniawala, Panchwati, Udaipur,
Rajasthan.
4. The District Excise Officer, Banswara, Rajasthan.
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 4075/2021
Lalita W/o Dinesh, Aged About 50 Years, R/o Mukam Post-Obri,
Bus Stand Obri, District Dungarpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary, Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniwala, Panchwati, Udaipur,
Rajasthan.
4. The District Excise Officer, Dungarpur, Rajasthan.
----Respondents
(3) S.B. Civil Writ Petition No. 4077/2021
Shejal Shivhare D/o Shri Kamlesh Shivhare, Aged About 19
Years, R/o Ekta Nagar, Sagartal Road, Bahodpur Gwalior, Madhya
Pradesh.
(2 of 6) [CW-4073/2021]
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary , Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniawala, Panchwati, Udaipur,
Rajasthan.
4. The District Excise Officer, Banswara, Rajasthan.
----Respondents
(4) S.B. Civil Writ Petition No. 4131/2021
Lal Kunwar W/o Takhat Singh, Aged About 58 Years, R/o Buchiya
Bara , Sagawara , Distt. Dungarpur , Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary , Finance
Department , Government Of Rajasthan , Secretariat ,
Jaipur , Rajasthan
2. The Joint Secretary , Finance (Excise) Department,
Government Of Rajasthan , Secretariat , Jaipur
3. The Excise Commissioner, Rajasthan , Rajasthan State
Excise Department , 2, Gumaniwala , Panchwati , Udaipur
, Rajasthan
4. The District Excise Officer, Dungarpur , Raj.
----Respondents
(5) S.B. Civil Writ Petition No. 4136/2021
Sankalp Khatri S/o Surendra Khatri, Aged About 20 Years, R/o
Udaipur Road, Pratap Circle, Banswara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary , Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
(3 of 6) [CW-4073/2021]
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniwala, Panchwati, Udaipur ,
Rajasthan
4. The District Excise Officer, Banswara, Rajasthan.
----Respondents
(6) S.B. Civil Writ Petition No. 4137/2021
Narendra S/o Savji, Aged About 42 Years, R/o Kathiwada Road,
Bhavra Bhabhra, Alirajpur, Madhya Pradesh.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary , Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniwala, Panchwati, Udaipur ,
Rajasthan
4. The District Excise Officer, Banswara, Rajasthan.
----Respondents
(7) S.B. Civil Writ Petition No. 4139/2021
Prakash Chandr Joshi S/o Hira Lal Joshi, Aged About 48 Years, R/
o Village Deval Khas, Deval, Dungarpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary, Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniwala, Panchwati, Udaipur ,
Rajasthan
4. The District Excise Officer, Banswara, Rajasthan.
----Respondents
(8) S.B. Civil Writ Petition No. 4140/2021
Praveen Dangi S/o Hira Lal Dangi, Aged About 28 Years, R/o
(4 of 6) [CW-4073/2021]
Guru Kripa Bhavan, Galiyakot Mod, Sagwara, Dungarpur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary , Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniwala, Panchwati, Udaipur ,
Rajasthan
4. The District Excise Officer, Dungarpur, Rajasthan.
----Respondents
(9) S.B. Civil Writ Petition No. 4141/2021
Hirji S/o Dhulendra, Aged About 50 Years, R/o Unda Khora,
Gorcha, Bhuganda, Banswara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. The Joint Secretary, Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniwala, Panchwati, Udaipur ,
Rajasthan
4. The District Excise Officer, Banswara, Rajasthan.
----Respondents
(10) S.B. Civil Writ Petition No. 4144/2021
Banshi Lal Khatik S/o Shri Gotamji Khatik, Aged About 42 Years,
Resident Of Khatikwara, Sagwara, District Dungarpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Finance
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
(5 of 6) [CW-4073/2021]
2. The Joint Secretary , Finance (Excise) Department,
Government Of Rajasthan, Secretariat, Jaipur.
3. The Excise Commissioner, Rajasthan, Rajasthan State
Excise Department, 2, Gumaniwala, Panchwati, Udaipur ,
Rajasthan
4. The District Excise Officer, Dungarpur, Rajasthan.
----Respondents
For Petitioner(s) : Ms. Suhani for
Mr. Himanshu Choudhary, through VC
For Respondent(s) : Mr. Girish Sankhla
JUSTICE DINESH MEHTA
Order
15/02/2022
1. Mr. Girish Sankhla, learned counsel appearing for the
respondent - State, at the outset, submitted that the controversy
involved in the present writ petitions has been decided against the
petitioners by a Division Bench judgment dated 08.12.2020,
passed in D.B. Civil Writ petition No.10936/2020.
2. Learned counsel for the petitioners, is not in a position to
dispute the aforesaid position of facts and law. She,
however, submits that against the Division Bench judgment, an
SLP being SLP No.837-838/2021 (Het Ram Meel & Ors. Vs. The
State of Rajasthan & Ors.) is pending consideration before Hon'ble
the Supreme Court.
3. All these writ petitions are disposed of in terms of order
dated 08.12.2020, passed by the Division Bench of this Court in
D.B. Civil Writ Petition No.10936/2020.
4. Having regard to interim order passed by Hon'ble the
Supreme Court in the case of Het Ram Meel (supra), it is hereby
(6 of 6) [CW-4073/2021]
ordered that the petitioners would deposit the disputed amount
with the respondent - Excise Department within a period of four
weeks.
5. If that is done, the respondent No.3 - Department, on
petitioners' application, shall release the security amount and all
other applicable amount to the petitioners in accordance with law.
6. With the consent of the parties, it is hereby declared that
petitioners' rights will be governed by the decision to be given by
Hon'ble the Supreme Court in the case of Het Ram Meel (supra).
In case SLP No.837-838/2021 is decided in favour of the license
holder (Het Ram), on simple application being filed by the
petitioners, the respondents shall give effect to the same.
7. The stay application(s) also stand disposed of accordingly.
(DINESH MEHTA),J
77-86-pooja/-
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