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NUPUR BHATI
Netu Devi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
(Nupur Bhati, J.)
Learned counsel for the petitioner submits that the controversy involved in the writ petition is squarely covered by the judgment dated 11.01.2021 passed in SB Civil Writ Petition No.11384/2020 (Balveer Bana v. State of Rajasthan and other connected matters) which is reproduced herein below:-
Mr M.S.Singhvi - learned Advocate General - Senior Counsel assisted by ish Sankh
There is no fundamental right to trade in liquor; state policies can modify licensing rights as long as they comply with statutory provisions.
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.
Point of Law : Review petition – Availability of alternate remedy – Review petitioners/State could have approached the higher Court by way of an appeal.
Unilateral extension of a liquor license after its expiry is unlawful and violates statutory provisions and contractual obligations.
An opportunity of hearing is a fundamental principle of natural justice and must be provided before issuing a demand notice.
The court upheld the validity of the Liquor Policy prohibiting public servants from holding liquor licences, affirming the State's authority to impose such conditions in public interest.
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