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2001 Supreme(Raj) 1692

B.S.CHAUHAN
Shri Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. N.M. Lodha, Advocate.
For the Respondents:Mr. Dinesh Maheshwari, Advocate.

JUDGMENT

1. - The instant writ petition has been filed for quashing the order dated 4.4.2000 (Annx. 9) passed by the Excise Commissioner and the order dated 1.8.2000 (Annx. 10) passed by the Appellate Authority, i.e. the Divisional Commissioner, by which petitioner's licence had been cancelled with forfeiture of his license fee and confiscation of the liquor etc.

2. The case has a chequered history as it has already made several rounds before this Court. Petitioner had been granted a licence under the provisions of the Rajasthan Excise Act, 1950 (for short, 'the Act, 1950') read with the provisions of the Rajasthan Excise (Grant of Hotel, Bar/Club, Bar/Restaurant Beer Bar Licences), Rules, 1973 (hereinafter called 'the Rules, 1973') for running a bar in hotel Vijay Deep, Bhim, District Rajsamand. The licence was granted long back but it has been renewed from time to time for a tenure of one year. The respondent authorities made a spot inspection on 3.5.99 at the bar of the petitioner and the stock was found correct as per the Stock Register. However, the raiding party also inspected the other part of the same building (basement) owned and proposed by the petitioner but allegedly to

























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