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1999 Supreme(Raj) 684

B.S.CHAUHAN
Murlidhar – Appellant
Versus
State of Rajasthan. – Respondent


Advocates Appeared:
K.N. Joshi & N.M. Lodha, for Petitioner Dinesh Maheshwari & Rajendra Vyas, Additional Advocate General, for Respondents

Honble CHAUHAN, J.–The instant writ petition has been filed for quashing the order dated 16.8.99 so far it relates to declaring 5th and 6.10.1999 to be the dry days for the purpose of sale of liquor.

(2). The facts of the case are not in dispute. Petitioner has been awarded the exclusive privilege for the years 1999-2000 and 2000-2001 for retail and wholesale sale of country liquor, Indian-made foreign liquor and beer vide contract-order dated 27.5.99 (Annexure 1). During the period of election of Lok Sabha, the Government of Rajasthan has passed the order dated 16.8.99 (Annexure 2) that days of polling and counting of votes, i.e. 6.10.99, and the day preceeding the counting day, i.e. 5.10.99, shall remain dry days. Polling day has already passed. Thus, the present petition has been filed on various grounds for quashing the order declaring 5th and 6.10.1999 as dry days.

(3). It has been averred by the petitioner that to maintain law and order situation on the relevant days, the administration, i.e. the District Collector cum District Magistrate, Jodhpur, has already issued an order dated 12.7.99 (Annexure 3) resorting to the powers under Section 144 of the Code of Criminal Procedure






















































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