Nand Kanwar vs State Of Rajasthan
2022 Latest Caselaw 3005 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3582/2021

Nand Kanwar W/o Shri Laxman Singh, Aged About 62 Years, R/o Village- Dodiya, Tehsil- Rughnathpura, District- Bhilwara.

----Petitioner Versus

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

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

3. The Commissioner, Excise Department, Government Of Rajasthan, Udaipur.

4. The District Excise Officer, Chittorgarh.

----Respondents

For Petitioner(s) : Mr. Rakesh Arora For Respondent(s) : Mr. Girish Sankhla

JUSTICE DINESH MEHTA

Order

24/02/2022

1. Mr. Girish Sankhla, learned counsel appearing for the

respondent - State, at the outset, submitted that the controversy

involved in the present writ petition has been decided against the

petitioner by a Division Bench judgment dated 08.12.2020, passed

in D.B. Civil Writ petition No.10936/2020.

2. Mr. Rakesh Arora, learned counsel for the petitioner, is not in

a position to dispute the aforesaid position of facts and law. He,

however, submits that against the Division Bench judgment, an

SLP being SLP No.837-838/2021 (Het Ram Meel & Ors. Vs. The

(2 of 2) [CW-3582/2021]

State of Rajasthan & Ors.) is pending consideration before Hon'ble

the Supreme Court.

3. The present writ petition is 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

ordered that the petitioner 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

petitioner's application, shall release the security amount and all

other applicable amount to the petitioner in accordance with law.

6. With the consent of the parties, it is hereby declared that

petitioner's 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

petitioner, the respondents shall give effect to the same.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 91-skm/-

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