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2008 Supreme(SC) 667

ARIJIT PASAYAT, P.SATHASIVAM
Oma Ram – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. —

1. In all these appeals challenge is to the judgment of the Rajasthan High Court at Jodhpur dismissing the writ petitions filed under Articles 226 and 227 of the Constitution of India, 1950 (in short the ‘Constitution’). Challenge in the writ petitions was to the vires of certain provision of the Rajasthan Excise Act, 1950 (in short the ‘Act’). Essentially the prayers were as follows :

“(a) appropriate writ, order or direction, incorporation of Sec. 54(ka) and Sub-Sections (4) to (9) in Section 69 of the Excise Act may be declared ultra-vires and be struck down;

(b) by an appropriate writ, order or direction, amendment in the Excise Act, 1950 by incorporation of Section 9B may be declared ultra-vires and be struck down;

(c) by a further appropriate, writ, order or direction impugned order dated 16.5.2000, passed by respondent No. 2 may be declared invalid and may be quashed and set aside;

(d) Pending decision, if any further order is made or action is taken prejudicial to the interest of the petitioner, the same may also be quashed and set aside.”

2. The contentions raised on behalf of the appellant in the writ petitions challenging the vires of th





































































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