Sharda Jat vs State Of Rajasthan ...
2023 Latest Caselaw 3393 Raj

Citation : 2023 Latest Caselaw 3393 Raj
Judgement Date : 21 April, 2023

Rajasthan High Court - Jodhpur

Sharda Jat vs State Of Rajasthan ... on 21 April, 2023

Bench: Nupur Bhati

[2023/RJJD/011364]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10865/2020

Sharda Jat W/o Shri Devkishan Jat, Aged About 24 Years, R/o 1- A-14, Housing Board, Gandhi Nagar, District Chittorgarh.

----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. Manish Rajpurohit
For Respondent(s)                :     Mr. Girish Sankhla


                  HON'BLE DR. JUSTICE NUPUR BHATI
                                            Order
21/04/2023

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 Division Bench judgment dated 08.12.2020, passed in D.B. Civil Writ petition No.10936/2020.

2. Mr. Deepak Bishnoi, learned counsel for the petitioner, is not in a position to dispute the aforesaid position of facts and law. He, however, submits that against the Division Bench judgment, an SLP being SLP

[2023/RJJD/011364] (2 of 3) [CW-10865/2020]

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 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. "

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.

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

shall release the security amount and all other applicable amount to the

petitioner in accordance with law.

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