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2022 Supreme(Raj) 1558

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Laxmi – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Civil Writ Petition No. 17353 of 2019
Decided On : 02-05-2022

Advocates appeared:
Girish Sankhla, Advocate

The court emphasized the importance of adhering to the provisions of the Rajasthan Excise Act, 1950 and providing an opportunity of hearing to the petitioners before deciding the matter.

Headnote:

Rajasthan Excise Act, 1950 - Overcharging - Court directs respondents to decide the matter within one month after providing opportunity of hearing to the petitioner

Fact of the Case:

The petitioner challenged the notice issued for overcharging the price of IMFL/Beer and sought direction for the respondents to act in accordance with the provisions of Rajasthan Excise Act, 1950.

Finding of the Court:

The court disposed of the writ petitions with a direction to the respondents to decide the matter within one month after providing opportunity of hearing to the petitioners with regard to the notice.

Issues: Challenge to notice for overcharging, direction for respondents to act in accordance with Rajasthan Excise Act, 1950

Ratio Decidendi: The court's decision was influenced by the provisions of the Rajasthan Excise Act, 1950, and the need to provide an opportunity of hearing to the petitioners before deciding the matter.

Final Decision: The application under article 226(3) of the Constitution of India for vacation of interim order as well as the writ petition is disposed of with a direction to the respondents to decide the matter within a period of one month after providing opportunity of hearing to the petitioner with regard to the notice.

JUDGMENT

Vinit Kumar Mathur, J. - Nobody was present on behalf of the petitioner on 28.04.2022. Even today, nobody is present.

2. Counsel for the respondents informs the Court that controversy involved in this petition has already been adjudicated by Co-ordinate Bench of this Court (Jaipur Bench) in bunch of cases led by Smt. anju Meena Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.18549/2019) on 21.01.2020.

3. The order aforesaid reads as follows:-

    'By way of these writ petitions, the petitioners have challenged the notice issued on various dates (annexure-3) with regard to overcharging the price of IMFL/Beer.

    Counsel for the petitioners submitted that apprehension of the petitioners is that the respondents will not act in accordance with the provisions of Rajasthan Excise act, 1950, therefore the petitioners under this impression have directly approached this court at the notice stage. Counsel further submits that the respondents be directed to hear the petitioners and decide the matter in accordance with the provisions of Rajasthan Excise act,1950. Mr. M.S. Singhvi, learned advocate General submits that the reply submitted by the petitioners to the notice (annexure-3)issued to each of the petitioner, will be considered by the respondents in accordance with the provisions of Rajasthan Excise act, 1950.

    In that view of the matter, all the writ petitions stands disposed of with a direction to the respondents to decide the matter within a period of one month after providing opportunity of hearing to the petitioners with regard to the notice (annexure3).

    Copy of this order be separately placed in each connected file'.

    4. Counsel for the respondents submits that order squarely covers the issue in hand.

    5. accordingly, the application under article 226(3) of the Constitution of India for vacation of interim order as well as the writ petition is disposed of with a direction to the respondents to decide the matter within a period of one month after providing opportunity of hearing to the petitioner with regard to the notice.

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