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PUSHPENDRA SINGH BHATI
Surendra Khatri S/o Bhagwan Das – Appellant
Versus
State Of Rajasthan, Through Joint Secretary, Finance (Excise) Department – Respondent
Headnote: Read headnote
JUDGMENT :
1. The lawyers are abstaining from the work, due to strike.
2. This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
a. Quash the impugned order dated 01.07.2021 passed by the Addl. Excise Commissioner (Annex-4); and
b. By an appropriate order, writ or direction cancel the allotment made in favour of the Respondent No.5 with respect to liquor shop of Sagrod (Shop Code: 0301026), Circle Banswara, Excise District Banwara, Rajasthan and issue said shop in favour of the petitioner considering him to be H1;
c. Declare that allotment of liquor shop of Sagrod (Shop Code: 0301026), Circle Banswara, Excise District Banswara, Rajasthan. in favour of Respondent No.5 Mr. Janmesh Jain was illega
As per the clause 1 sub-clause (iv) of Excise Policy for the year 2021-22 and Rules of 1956, the person, whose payment of previous financial year is due, is ineligible for allotment of the liquor sho....
An opportunity of hearing is a fundamental principle of natural justice and must be provided before issuing a demand notice.
Unilateral extension of a liquor license after its expiry is unlawful and violates statutory provisions and contractual obligations.
A validly enacted law cannot be challenged on the grounds of hardship; the provisions apply uniformly, and existing licenses are not affected by new distance requirements.
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