Citation : 2023 Latest Caselaw 770 Raj
Judgement Date : 20 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 2650/2021
Amit Kumar S/o Harbans Lal, Aged About 22 Years, B/c Mittal, R/o Karanpur, Shri Ganganagar.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.
3. District Excise Officer, Sri Ganganagar.
----Respondents Connected With D.B. Civil Writ Petition No. 2652/2021 Lalit Singh S/o Samundra Singh, Aged About 31 Years, B/c Rathore, R/o Teliphone Tawer Gali, Lalawas, Ajmer.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.
3. District Excise Officer, Bhilwara.
----Respondents D.B. Civil Writ Petition No. 2655/2021 Sahil Bishnoi S/o Satpal Bishnoi, Aged About 30 Years, B/c Bishnoi, R/o Near Vinekanand Vatika Karni Nagar Lalgarh, Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary (Finance),
Government Of Rajasthan, Government Secretariat,
(2 of 5) [CW-2650/2021]
Jaipur.
2. Commissioner, Excise Department, Government Of
Rajasthan, 2, Gumaniwala, Panchwati, Udaipur,
Rajasthan.
3. District Excise Officer, Bikaner
----Respondents D.B. Civil Writ Petition No. 2656/2021 Sunil Kumar S/o Radhay Shayam, Aged About 41 Years, B/c Mittal, R/o Housing Board, Ward No. 9, Shri Ganganagar.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.
3. District Excise Officer, Bhilwara.
----Respondents D.B. Civil Writ Petition No. 2657/2021 Sanwar Lal S/o Mangli Lal, Aged About 28 Years, B/c Gurjar, R/o Rayra, Jagpura, Bhilwara.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.
3. District Excise Officer, Bhilwara.
----Respondents D.B. Civil Writ Petition No. 2658/2021 Shunty Setia S/o Satish Kumar Setia, Aged About 31 Years, B/c Setia, R/o Mahadev Enclave, Shri Ganganagar.
----Petitioner
Versus
(3 of 5) [CW-2650/2021]
1. State Of Rajasthan, Through Secretary (Finance),
Government Of Rajasthan, Government Secretariat,
Jaipur.
2. Commissioner, Excise Department, Government Of
Rajasthan, 2, Gumaniwala, Panchwati, Udaipur,
Rajasthan.
3. District Excise Officer, Sri Ganganagar.
----Respondents D.B. Civil Writ Petition No. 2661/2021 Shravan Kumar S/o Ramesh Chand, Aged About 30 Years, B/c Rajput, R/o Raisinghnagar, Distt. Bikaner, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.
3. District Excise Officer, Bikaner.
----Respondents D.B. Civil Writ Petition No. 2662/2021 Nem Singh S/o Motu Singh, Aged About 30 Years, B/c Rajput, R/o Shobasar, Churu.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.
3. District Excise Officer, Bikaner.
----Respondents D.B. Civil Writ Petition No. 2663/2021 Rishabh Kishor Gokhru S/o Kishor Gokhru, Aged About 23 Years, B/c Gokhru, R/o Shastri Nagar, District Kalyan, Maharashtra.
(4 of 5) [CW-2650/2021]
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary (Finance),
Government Of Rajasthan, Government Secretariat,
Jaipur.
2. Commissioner, Excise Department, Government Of
Rajasthan, 2, Gumaniwala, Panchwati, Udaipur,
Rajasthan.
3. District Excise Officer, Bhilwara.
----Respondents D.B. Civil Writ Petition No. 2664/2021 Deepak Thathai S/o Mulakh Raj, Aged About 45 Years, B/c Thathai, R/o Gali No. 04 Sri Ganganagar.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary (Finance), Government Of Rajasthan, Government Secretariat, Jaipur.
2. Commissioner, Excise Department, Government Of Rajasthan, 2, Gumaniwala, Panchwati, Udaipur, Rajasthan.
3. District Excise Officer, Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Girish Joshi For Respondent(s) : Mr. M.S. Singhvi, AG-cum-Senior Advocate (through VC) assisted by Mr. K.S. Lodha
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
20/01/2023
Learned counsel for the parties are in agreement that the
controversy involved in these writ petitions is squarely covered by
the judgment dated 11.5.2022 passed by a Co-ordinate Bench of
(5 of 5) [CW-2650/2021]
this Court in Raju Singh Vs. State of Rajasthan and Ors.
(DBCWP No.3239/2021) and other connected writ petitions.
In view of the above, these writ petitions are disposed of in
terms of the judgment dated 11.5.2022 passed by the Co-ordinate
Bench of this Court in Raju Singh's case (supra).
Accordingly, it is hereby directed that the petitioners shall
deposit the disputed amount with the respondent Excise
Department within a period of four weeks from today, whereupon
the security amount and all other applicable amounts shall be
released in favour of the petitioners in accordance with law. The
rights of the petitioners shall be governed by the decision
rendered by Hon'ble Supreme Court in the case of Het Ram Meel
& Ors. Vs. The State of Rajasthan & Ors. (SLP No.837-
838/2021.
(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J 56 to 65-Arun/-
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