Kailash Salvee vs State Of Rajasthan ...
2023 Latest Caselaw 3162 Raj

Citation : 2023 Latest Caselaw 3162 Raj
Judgement Date : 18 April, 2023

Rajasthan High Court - Jodhpur

Kailash Salvee vs State Of Rajasthan ... on 18 April, 2023

Bench: Nupur Bhati

[2023/RJJD/010421]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Civil Writ Petition No. 13399/2020

Kailash Salvee S/o Shri Mohan Lal Salvee, Aged About 25 Years, R/o Village Sihad, Tehsil Dhariyawad And District Pratapgarh.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Finance (Ex-

cise) Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Joint Secretary, Finance (Excise) Department, Gov-

ernment Of Rajasthan, Secretariat, Jaipur.

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

4. The District Excise Officer, Pratapgarh.

5. The Excise Inspector, Circle, Pratapgarh.

----Respondents

For Petitioner(s) : Mr. Naresh Singh for Mr. Rakesh Arora For Respondent(s) : Mr. Girish Kumar Sankhla

HON'BLE DR. JUSTICE NUPUR BHATI

Order

18/04/2023

1. Counsel for the parties jointly submit that the issue raised

in the writ petition is squarely covered by judgment rendered by

Co-ordinate Bench of this Court in Raju Ram Vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.9574/2020, decided

on 05.01.2022). The judgment reads as follows :-

"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 Di- vision Bench judgment dated 08.12.2020, passed in D.B. Civil Writ petition No.10936/2020.

[2023/RJJD/010421] (2 of 3) [CW-13399/2020]

2. Mr. Deepak Bishnoi, learned counsel for the petitioner, is not in a position to dispute the aforesaid position of facts and law. He, how- ever, submits that against the Division Bench judgment, an SLP be- ing 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. 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 peti- tioner'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 re- spondents shall give effect to the same.

6. The stay application also stands disposed of accordingly. "

2. On such joint submission made before this Court and upon

perusal of record, this Court finds that the said judgment squarely

applies to the fatual matrix of the present case.

3. 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.

[2023/RJJD/010421] (3 of 3) [CW-13399/2020]

4. If that is done, the respondent No.4, on petitioner's

application, shall release the security amount and all other appli-