Gajendra Singh Shaktawat vs State Of Rajasthan ...
2023 Latest Caselaw 7340 Raj

[2023:RJ-JD:30250]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10837/2020

Gajendra Singh Shaktawat S/o Shri Narayan Singh Shaktawat, Aged About 37 Years, R/o 125, Nakoda Nagar, Second Bedwas, Dau Ji Ki Bawari, Bedwas (Rural), District Udaipur.

----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 Mr. Rakesh Arora For Respondent(s) : Mr. Girish Kumar Sankhla

HON'BLE DR. JUSTICE NUPUR BHATI

Order

18/09/2023

1. Learned counsel for the petitioner submits that the

controversy involved in the present writ petition is squarely

covered by the judgment dated 05.01.2022 passed by a

Coordinate Bench in SBCWP No.9574/2020 titled as Raju Ram

Vs. State Government & Ors. which is reproduced hereunder:-

"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

[2023:RJ-JD:30250] (2 of 2) [CW-10837/2020]

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 No.837-838/2021 (Het Ram Meel & Ors. Vs. The (2 of 2) [CW-9574/2020]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 here by 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.

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

2. In light of the aforequoted order i.e. Raju Ram Vs. State

Government & Ors., the instant writ petition is disposed of in the

same terms.

3. Stay application as well as all other pending applications, if any,

also stand disposed of.

(DR. NUPUR BHATI),J 191-Sanjay/-

Powered by TCPDF (www.tcpdf.org)