[2023/RJJD/014895]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 319/2023

Surendra Khatri S/o Bhagwan Das, aged about 53 Years, R/o

Pratap Circle, Udaipur Road, District Banswara, Rajasthan.

----Appellant

Versus

1.

State of Rajasthan, through Joint Secretary, Finance

(Excise) Department, Government of Rajasthan,

Secretariat, Jaipur.

2.

The Excise Commissioner, Rajasthan, State Excise

Department, 2, Gumaniwala, Panchwati, Udaipur,

Rajasthan.

3.

The Additional Excise Commissioner, Zone Udaipur,

Udaipur, Rajasthan.

4.

The District Excise Officer, Banswara, Rajasthan.

5.

Mr. Janmesh Jain, Licence of a Liquor Shop Situated in

Rural Area of Sagrod (Shop Code 0301026), Circle

Banswara, Excise District Banswara, Rajasthan.

6.

Arpita Choudhary W/o Yash Pael, aged about 33 Years,

R/o Village Sallopat, District Banswara (Raj.).

----Respondents

For Appellant(s)

:

Mr. Himanshu Choudhary

For Respondent(s)

:

Mr. Sandeep Shah, Sr. Advocate-cum-

AAG assisted by Ms. Akshiti Singhvi

Mr. L.S. Udawat

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

12/05/2023

1.

The matter comes up for consideration of the application

No.1/2023 filed on behalf of the appellant with a prayer for

impleading Ms. Arpita Choudhary as respondent No.6 in this

appeal. It is mentioned in the application that for the year 2023-

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[SAW-319/2023]

2024, Ms. Arpita Choudhary is holding the license of a liquor shop

(Code: 301026 - Sagrod).

2.

Learned counsel for the appellant has submitted that the

claim of the appellant is to the effect that granting of license of

the liquor shop in question for the year 2021-2022 is pending

consideration, therefore, the respondent No.6 is necessary party

for adjudication of this appeal.

3.

Per contra, Mr. Sandeep Shah, learned Senior Advocate

and Additional Advocate General assisted by Ms. Akshiti Singhvi

appearing on behalf of respondent-State and Mr. L.S. Udawat,

learned counsel appearing for appellant No.6 - Ms. Arpita

Choudhary have opposed the application No.1/2023.

4.

Having heard learned counsel for the parties for quite

some time and as per their consent, we have heard the matter

finally today itself.

5.

This appeal has been filed by the appellant challenging the

judgment dated 20.03.2023 passed by the learned Single Judge in

S.B. Civil Writ Petition No.14934/2021 (Surendra Khatri Vs. State

of Rajasthan & Ors.), whereby the writ petition filed by the

appellant has been dismissed.

6.

The facts which are not in dispute that the appellant has

applied for grant of license for the liquor shop in question for the

year 2021-2022 pursuant to the excise policy issued by the excise

department. The application filed by the appellant for grant of

license for the liquor shop in question came to be dismissed

though he was the highest bidder. The excise department has

rejected the application of the appellant for the reason that he has

failed to deposit the license fees for the months of January,

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[SAW-319/2023]

February and March of 2021 pursuant to the liquor license issued

in his favour in the year 2020-2021. The appellant is claiming that

as per the excise policy issued by the excise department for the

year 2021-2022, a licensee of the liquor shop was required to

deposit the dues upto December 2020 only and not for the

subsequent months.

7.

The learned Single Judge while noting the above fact has

observed that though, in the excise policy for the year 2021-2022,

it is mentioned that an applicant is required to clear all the dues

upto December 2020 only but in the case of the appellant, the

auction for the liquor shop in question took place on 30.06.2021,

which is not at the start of the financial year i.e. 01.04.2021,

therefore, the excise department was justified in claiming that the

appel