Rajasthan High Court - Jodhpur
Surendra Khatri vs State Of Rajasthan ... on 12 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/014895]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 319/2023
Surendra Khatri S/o Bhagwan Das, aged about 53 Years, R/o
Pratap Circle, Udaipur Road, District Banswara, Rajasthan.
----Appellant
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, Gumaniwala, Panchwati, Udaipur,
Rajasthan.
3. The Additional Excise Commissioner, Zone Udaipur,
Udaipur, Rajasthan.
4. The District Excise Officer, Banswara, Rajasthan.
5. Mr. Janmesh Jain, Licence of a Liquor Shop Situated in
Rural Area of Sagrod (Shop Code 0301026), Circle
Banswara, Excise District Banswara, Rajasthan.
6. Arpita Choudhary W/o Yash Pael, aged about 33 Years,
R/o Village Sallopat, District Banswara (Raj.).
----Respondents
For Appellant(s) : Mr. Himanshu Choudhary
For Respondent(s) : Mr. Sandeep Shah, Sr. Advocate-cum-
AAG assisted by Ms. Akshiti Singhvi
Mr. L.S. Udawat
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
12/05/2023
1. The matter comes up for consideration of the application
No.1/2023 filed on behalf of the appellant with a prayer for
impleading Ms. Arpita Choudhary as respondent No.6 in this
appeal. It is mentioned in the application that for the year 2023-
[2023/RJJD/014895] (2 of 3) [SAW-319/2023]
2024, Ms. Arpita Choudhary is holding the license of a liquor shop
(Code: 301026 - Sagrod).
2. Learned counsel for the appellant has submitted that the
claim of the appellant is to the effect that granting of license of
the liquor shop in question for the year 2021-2022 is pending
consideration, therefore, the respondent No.6 is necessary party
for adjudication of this appeal.
3. Per contra, Mr. Sandeep Shah, learned Senior Advocate
and Additional Advocate General assisted by Ms. Akshiti Singhvi
appearing on behalf of respondent-State and Mr. L.S. Udawat,
learned counsel appearing for appellant No.6 - Ms. Arpita
Choudhary have opposed the application No.1/2023.
4. Having heard learned counsel for the parties for quite
some time and as per their consent, we have heard the matter
finally today itself.
5. This appeal has been filed by the appellant challenging the
judgment dated 20.03.2023 passed by the learned Single Judge in
S.B. Civil Writ Petition No.14934/2021 (Surendra Khatri Vs. State
of Rajasthan & Ors.), whereby the writ petition filed by the
appellant has been dismissed.
6. The facts which are not in dispute that the appellant has
applied for grant of license for the liquor shop in question for the
year 2021-2022 pursuant to the excise policy issued by the excise
department. The application filed by the appellant for grant of
license for the liquor shop in question came to be dismissed
though he was the highest bidder. The excise department has
rejected the application of the appellant for the reason that he has
failed to deposit the license fees for the months of January,
[2023/RJJD/014895] (3 of 3) [SAW-319/2023]
February and March of 2021 pursuant to the liquor license issued
in his favour in the year 2020-2021. The appellant is claiming that
as per the excise policy issued by the excise department for the
year 2021-2022, a licensee of the liquor shop was required to
deposit the dues upto December 2020 only and not for the
subsequent months.
7. The learned Single Judge while noting the above fact has
observed that though, in the excise policy for the year 2021-2022,
it is mentioned that an applicant is required to clear all the dues
upto December 2020 only but in the case of the appellant, the
auction for the liquor shop in question took place on 30.06.2021,
which is not at the start of the financial year i.e. 01.04.2021,
therefore, the excise department was justified in claiming that the
appellant is also required to clear all the dues for the months of
January, February and March of 2021 instead of upto December
2020.
8. Having heard, learned counsel for the parties and after
taking into consideration the facts and circumstances of the case,
we do not find any illegality in the impugned judgment dated
20.03.2023 passed by the learned Single Judge in S.B. Civil Writ
Petition No.14934/2021 (Surendra Khatri Vs. State of Rajasthan &
Ors.).
9. Hence, this special appeal writ is dismissed.
10. All pending applications are also dismissed.
(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J
50-Dharmendra/-
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