IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Riya Purbia D/o Shri Bharat Raj Purbia and anr. - Petitioners
Versus
State Of Rajasthan, Through Excise Commissioner and anrs. – Respondents
S.B. Civil Writ Petition No. 3991 & 4465 of 2022
Decided On : 15-05-2023
Constitution of India, 1950 - Article 226 - Rajasthan Excise Act, 1950 - Section 37 - Seeking renewal the license of the petitioner for composite liquor shop - Right of petitioner - Held, Court further observes that allotment and renewal of liquor shop are not fundamental rights, and only State Government has a right to grant and renew liquor license, as observed by Hon'ble Division Bench in case of M/s Lucky Wines (Supra) - Thus, in view of aforesaid observations and in light of judgment rendered in M/s Lucky Wines (Supra), as also looking into factual matrix of present case, Court does not find it a fit case so as to grant any relief to petitioners in the present petitions - Petitions dismissed.
JUDGMENT :
1. These writ petitions under Article 226 of the Constitution of India have been preferred claiming the following reliefs:
S.B. Civil Writ Petition No. 3991/2022:
(i) the respondents may kindly be directed to renewal the license of the petitioner for composite liquor shop No.15 of Udaipur comprising area of Chetak Circle, Pahadi Bus Stand, UIT, Bhopaalpura, Shastri Circle, Court Circle, Udaipur for further financial year 2022-2023 and 2023-2024 after taking the increased amount as fixed under the point No.2.5.3 of Excise and Temperance Policy for year 2022-2023 and 2023-2024 on the annual guarantee amount of Rs.81,82,444/-of year 2021-2022 and (ii) respondents may kindly be directed to issue the license of composite liquor shop located at Chetak Circle, Pahadi Bus Stand, UIT, Bhopalpura, Shastric Circle, Court Circle of Udaipur in favor of the petitioner for financial year 2022-2023 and 2023-2024 after permitting her to deposit renewal fees as per Excise and Temperance Policy for year 2022-2023 and 2023-2024.
Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favor of the petitioner.
Costs of the writ petition may kindly be awarded to the petitioner.”
S.B. Civil Writ Petition No. 4465/2022:
i) by an appropriate writ, order or direction, the respondents may kindly be directed to renew the petitioner’s license in pursuance of Clause 1 of the excise policy dated 06.02.2021 (Annxure-1) while considering the Minimum Reserve Price as Rs.60,06,240/-with its 25% increased Amount for said shop’s renewal for year 2022-2023.
ii) Any other writ, order or direction which this Hon’ble Court deems fit, just and proper in the interest of equity and justice in favour of the petitioner may kindly be passed.”
2. For the sake of brevity and convenience, the facts are being taken from the above-numbered SBCWP No.3991/2022, while treating the same as a lead case.
3. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the respondents issued the Rajasthan Excise Policy for the year 2021-22, and invited applications for issuance of license for composite liquor shops at a minimum reserve price (fixed for 12 months). The petitioner was declared as the highest bidder, with a bid to the tune of Rs.81,82,444/-, as against the reserved price of Rs. 81,72,444/-, and accordingly, liquor Shop no. 15, Chetak Circle, Pahadi Bus Stand, UIT, Bhopalpura, Shastri Circle, Court Circle, Udaipur was allotted to the petitioner.
3.1. The respondents, on 05.02.2022, issued the Rajasthan Excise and Temperance Policy for the years 2022-23 and 2023-24, and that, on 28.02.2022, some amendments were incorporated in the said Policy. The respondents again amended the Policy on 07.03.2022 and extended the last date for renewal of the earlier license upto 11.03.2022.
3.2. The petitioner filed an application on 09.03.2022 before the District Excise Officer, Udaipur through Excise Inspector Circle, Udaipur for renewal of license for the years 2022-23 and 2023-24, as per the point no.2.5.3 of the aforementioned amended Excise Policy.
4. However, aggrieved by the non-renewal of the license for the years 2022-23 and 2023-24, as per the amended Excise Policy (WP No.3991/2022) and in pursuance of Clause 1 of the Excise Policy dated 06.02.2021 (WP No.4465/2022), by the respondents, the petitioners have preferred these writ petitions claiming the afore-quoted reliefs.
5. Learned counsel for the petitioners submitted that as per point no. 2.5.3 of the aforementioned Policy, the
State of Punjab & Ors. Vs. Devans Modern Brewaries Ltd. & Ors. (2004) 11 SCC 26
Sciemed Overseas Incorporation Vs. BOC India Ltd. & Ors.: (2016) 3 SCC 70
There is no fundamental right to trade in liquor; state policies can modify licensing rights as long as they comply with statutory provisions.
Unilateral extension of a liquor license after its expiry is unlawful and violates statutory provisions and contractual obligations.
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