M/S. Shree Mahamaya Liquor ... vs State Of Rajasthan And Ors
2022 Latest Caselaw 2655 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14413/2017

M/s Shree Mahamaya Liquor Industries, Having Its Registered Office At F-320, Road No. 6, Industries, Kaladwas, Udaipur- 313003 Raj. Phone No. 0294-2650004 Through Its Authorised Signatory Cum Sole Proprietor, Shri Lalitsuhalka S/o Shri Laxmilalajisuhalka, Aged 54 Years, At F-320, Road No. 6, Industries Area, Kaladwas, Udaipur-313003 Raj..

----Petitioner Versus

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

2. The Excise Commissioner, Udaipur, Rajasthan.

3. The District Excise Officer, Distillery, Udaipur, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Vineet Dave
For Respondent(s)          :     Mr. Girish Sankhla

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

15/02/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

Counsel for the parties submit that the controversy involved

in this petition is no more res integra as it has already been

decided by this Court (Jaipur Bench) in bunch of matters led by

United Spirits Limited & Ors. Vs. State of Rajasthan & Ors.

(SBCWP No.369/2016, decided on 11.03.2019). The operative

portion of the judgment aforesaid, reads as follows:-

(2 of 2) [CW-14413/2017]

"14. Accordingly, the impugned orders in all these writ petitions are set aside, with fresh orders to be passed on the applications under Section 70 of the Act of 1950 which are already pending before the Excise Commissioner. In all those cases where there is no application moved for compounding, the petitioners would be free to move appropriate application for compounding. However, if no application is moved by the petitioners in the said cases within 15 days henceforth and where only show cause notices under Section 58 have been given, the Excise Commissioner would be free to proceed further in terms of Section 34(C) of the Act of 1950 and the Rules of 1956.

15. Accordingly in view of the above, all the writ petitions stand disposed of in terms of the directions and observations, as above."

The present petition is also disposed of accordingly in terms

of judgment passed in United Spirits limited (Supra) while setting

aside the impugned order dated 14.01.2017 (Annex.P/4) while

giving liberty to the petitioner to move an application for

compounding. If no application for compounding is made within 15

days hereinafter, the Excise Commissioner shall be free to proceed

further in terms of Section 34(C) of the Act of 1950 and the Rules

of 1956. In case application for compounding is moved, the

same shall be decided strictly in accordance with law.

(DR.PUSHPENDRA SINGH BHATI),J 194-Nirmala/Sanjay-

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