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2022 Supreme(Raj) 2971
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
M/s. B9 Beverages Private Limited – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Civil Writ Petition No. 8590/2022
Decided On : 01-07-2022
Mr. Rohit Tiwari, Mr. V.N. Dubey and Mr. Ibrahim Kannodwal, for the Appellant
Urgency in deciding applications for release of seized articles with limited shelf life.
Headnote:
Rajasthan Excise Act, 1950 - Seized Article - The court directed respondent No. 3 to decide the pending application for release of seized beer expeditiously.
Fact of the Case:
The petitioner filed a writ petition seeking a direction for respondent No.3 to decide the pending application for release of seized beer before its shelf life expired.
Finding of the Court:
The court disposed of the petition without issuing notice to the respondents and directed respondent No. 3 to decide the application within a week, with cooperation from respondent Nos. 1 and 2.
Issues: Pending application for release of seized beer, expiring shelf life, and the need for expeditious decision.
Ratio Decidendi: The court emphasized the urgency due to the limited shelf life of the seized beer and directed respondent No. 3 to decide the application promptly.
Final Decision: The court directed respondent No. 3 to decide the application for release of seized beer within a week, with cooperation from respondent Nos. 1 and 2.
ORDER
1. The instant writ petition has been filed seeking a direction for respondent No.3 to decide the pending application filed by the petitioner under Section 69 (2-B) of the Rajasthan Excise Act, 1950 (for brevity ’the Act of 1950’) for release of the seized article (Beer) having limited shelf life.
2. Learned counsel for the petitioner submits that his application for release of seized article (Beer) is pending consideration before the respondent No.3 since 10th May 2022 and its shelf life is expiring in the 2nd week of August, 2022. He, therefore, prays that respondent No. 3 may be directed to decide its application expeditiously and the respondent Nos. 1 and 2 may be directed to co-operate the respondent No. 3 in doing so.
3. In view of the limited prayer made by the learned counsel petitioner, this writ petition is being disposed of without issuing notice to the respondents.
4. Respondent No. 3 is directed to decide the application filed by the petitioner under Section 69 (2-B) of the Act of 1950 within a period of one week from the date of receipt of a copy of this order. The respondent Nos. 1 and 2 are directed to co-operate the respondent No. 3 to comply the order passed by this Court.
