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2010 Supreme(Raj) 1256

JAGDISH BHALLA, M.N.BHANDARI
Siddharaj Dhaddha – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:-Pancham Surana, Advocate.
For the Respondents: R.B. Mathur, S.S. Hora, L.S. Shekhawat for I.R. Saini, AAG.

JUDGMENT

1. 1. This Public Interest Litigation has been filed with the following prayers:

"(a) declare that the Rajasthan Excise Act, 1950 and Notification dated 25.02.2005 ultra vires, illegal, unconstitutional and void.

(b) Declare that the Rajasthan Prohibition Act (Repealing Act), 1981, Act No.13 of the Act of 1981 be declared ultra vires and void and it may be declared that the Rajasthan Prohibition Act, 1969 still is in force that the Rajasthan Excise Act, 1950 stands repealed and it is no more survives on the Statue Book.

(c) The respondents may be restrained from manufacturing possessing, selling directly or through contractor country liquor, English liquor or by grant of privilege etc. in the State of Rajasthan throughout.

(d) In case any license is granted to licensee in terms of the new policy notification dated 25.02.2005 or shops have been allotted the same may be cancelled or licensee be restrained from doing any business, of sale or manufacture in intoxicants viz. Country liquor etc.

(e) Declare that the New Excise Policy vide notification Annexure-1 is illegal and void.

(f) Enforce prohibition of consumption of liquor throughout the State of Rajasthan and owners/managers


































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