Rajasthan High Court - Jodhpur
Praveen Meena vs State Of Rajasthan (2025:Rj-Jd:45959) on 17 October, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:45959]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20395/2025
Praveen Meena S/o Rameshwar Prasad Meena, Aged About 35
Years, R/o Meena Mohalla, Gadepan, District Kota (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Excise, Government Secretariat, Jaipur, Rajasthan.
2. The Excise Commissioner, Government Of Rajasthan 2,
Gumaniwala, Panchwati, Udaipur.
3. The District Excise Officer, Kota.
4. The District Excise Officer (Recovery), Kota.
5. The Excise Inspector, Circle Kota (North), Kota.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
HON'BLE DR. JUSTICE NUPUR BHATI
Order
17/10/2025
1. Learned counsel for the petitioner submits that in an
identical controversy, the Coordinate Bench at Jaipur Bench, Jaipur
vide judgment dated 07.10.2025 passed in SBCWP
No.11294/2025 (with other connected matters) in the case of Atar
Singh v. State of Rajasthan & Ors., has disposed of the writ
petitions with certain directions. Relevant part of the above-said
order reads as under:-
"xxxxx
21.1 In the event the petitioners file representations
seeking refund of their amounts or ventilating any other
grievances, the same shall be adjudicated by way of a
speaking order, both on facts and on points of law, within
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a period of thirty days from the date of receipt of such
representation.
21.2 The authority concerned, namely, the Excise
Commissioner, shall consider such representations de
novo, uninfluenced by any observations made by this
Court, and pass an order in accordance with law.
21.3 In the event of failure to pass such an order
within the stipulated period, it shall be deemed that the
claim of the petitioners is found valid, and consequently,
the amount sought for refund shall be released forthwith.
21.4 The Court further clarifies that retention of
money beyond the period of thirty days from the date of
filing such representation shall attract interest @ 12% per
annum on the amount lawfully due to the petitioners, till
actual payment.
21.5 Till such adjudication is made by the
appropriate authority, no coercive measures shall be taken
against the petitioners.
22. The doctrine actus curiae neminem gravabit,
meaning that the act of the court shall prejudice no one,
further guides that administrative delay should not operate
to the detriment of the petitioners' lawful rights. Thence,
with the aforesaid observations and directions, the present
batch of writ petitions stands disposed of.
23. Pending applications, if any, also stand
disposed of.
Sd/-"
2. Learned counsel for the petitioner submits that petitioner
would be satisfied, if the petitioner may be permitted to file fresh
representation before the respondent-authorities, which may be
considered and decided by the respondent-authorities in light of
the judgment passed in the case of Atar Singh (supra), strictly in
accordance with law and in a time bound manner.
3. In view of the limited submission made, this Court deems it
appropriate to direct the petitioner to submit a fresh
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representation before the respondent-authorities within a period of
'7 days' from today, upon filing of the said representation, the
same shall be considered and decided by the respondent-
authorities within a period of 'one month' thereafter; strictly in
accordance with law while taking into consideration the judgment
passed in the case of Atar Singh (supra).
4. It is made clear that the respondent-authorities shall
examine the petitioner's case in detail and decide prior to passing
a speaking order whether the principles laid down in Atar Singh
(supra) are applicable to the case of the petitioner.
5. With the aforesaid direction, the instant writ petition stands
disposed of. Stay application as well as all other pending
application(s), if any, also stand disposed of.
(DR. NUPUR BHATI),J
19-Devesh/-
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