Surendra Khatri vs State Of Rajasthan
2022 Latest Caselaw 3455 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 14934/2021

Surendra Khatri S/o Bhagwan Das, Aged About 50 Years, Pratap Circle, Udaipur Road, Dist. Banswara, Rajasthan.

----Petitioner Versus

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

2. The Excise Commissioner, Rajasthan State Excise Department, 2, Gumaniawala, Panchwati, Udaipur, Rajasthan.

3. The Additional Excise Commissioner, Zone Udaipur, Udaipur, Rajasthan.

4. The District Excise Officer, Banswara, Rajasthan.

5. Mr. Janmesh Jain, Licensee Of Liquor Shop Situated In Rural Area Of Sagrod (Shop Code 0301026), Circle Banswara, Excise District Banswara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Himanshu Choudhary, Mr. Naresh Tak

For Respondent(s) : Mr. Girish Sankhla

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/03/2022

Learned counsel for the petitioner has submitted that

the petitioner has challenged the action of the

(2 of 3) [CW-14934/2021]

respondents of issuing liquor license in favour of the

respondent No.5 though his bid was less than the

petitioner. Learned counsel has submitted that this Court

vide order dated 26.10.2021 while issuing notices to the

respondents has also ordered that the award of license to

respondent No.5 shall remain subject to outcome of the

present writ petition.

Learned counsel for the petitioner has submitted that

now the license period is going to be expired on

31.3.2022, however, the State Government has

introduced a policy, as per which, license of the licensee

can be renewed. It is submitted that the petitioner has

apprehension that the respondent - Excise Department

may renew the license issued in favour of the respondent

No.5, therefore, a restraint order may be issued not to

renew the license of the respondent No.5 after

31.3.2022.

Per contra, learned counsel for the Excise

Department has opposed the writ petition.

Nobody is appearing on behalf of the respondent

No.5 despite service.

Having heard learned counsel for the petitioner as

well as counsel for the Excise Department, I deem it

appropriate to direct the respondent - Excise Department

(3 of 3) [CW-14934/2021]

not to take any final decision on the renew application, if

the same is filed by the respondent No.5, till the next

date of hearing.

List on 23.3.2022.

(VIJAY BISHNOI),J

173-msrathore/-

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