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2004 Supreme(Raj) 1754

K.S.RATHORE
Ashok Kumar Devendra Kumar Meel – Appellant
Versus
State : State : State – Respondent


For the Petitioners:Mr. B.L. Sharma, Sr. Advocate with Mr. Alok Sharma, Mr. Akhil Simlote, Advocates.
For the State: Mr. M. Rafiq, AAG.
For the Excise Department:Mr. R.B. Mathur, Advocate.

JUDGMENT

1. Since all the aforesaid three writ petitions involve similar question of law, at the request of the respective parties, the arguments are heard together and are being decided by this common order.

2. The facts of the case of Ashok Kumar Devendra Meel & Party are taken as a leading case.

3. The petitioner firm was granted an exclusive privilege licence for the retail of IMFL, beer and country liquor in the Jaipur - Dausa group of the Excise Department for the period 1.4.2004 to 31.3.2005 for a sum of Rs. 1,75,33,33,333.33

4. The petitioner on acceptance of his bid made the requisite deposits and also furnished necessary bank guarantees.

5. The controversy arose when the respondent vide notification dated 5.8.2004 enhanced the permit fee per bulk litre on Indian made foreign liquor, Indian made beer and country liquor. The enhancement of permit fee is challenged by the petitioners in the aforesaid writ petitions on the ground that the permit fee as notified by the Excise Department in its excise policy for the year 2004 - 2005 constituted a part of the consideration for the Jaipur - Dausa group and in the most of the contract period the respondents have withdrawn the prevaili











































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