(1 of 6)

[CW-11550/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 11550/2022

Rajender Kumar S/o Shri Rampat, Aged About 47 Years, Ward

No. 41, Bijali Colony, Hanumangarh Junction, Tehsil And District

Hanumangarh (Rajasthan).

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Finance

(Revenue) Department, Government Of Rajasthan, Jaipur

(Rajasthan).

2.

The Excise Commissioner, Office Of Excise Commissioner,

Udaipur (Rajasthan).

3.

The District Excise Officer, Hanumangarh (Rajasthan).

----Respondents

For Petitioner(s)

:

Mr. Ankur Mathur

For Respondent(s)

:

Mr. Girish Sankhla

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/01/2023

Heard learned counsel for the parties.

The present writ petition has been filed against the order

dated 4.8.2022 (Annex.8) passed by the District Excise Officer,

Hanumangarh whereby the licence for selling the Country made

Liquor issued in favour of the petitioner was cancelled. A challenge

has also been made to Clause 13 of the Policy 2022-23 of the

State Government dated 05.02.2022 (Annex.2) whereby the

petitioner, who is an elected representative, has been debarred for

grant of liquor licence in the State of Rajasthan.

(2 of 6)

[CW-11550/2022]

Brief facts necessary to be noted in the present writ petition

are that petitioner is a Nagar Parshad (Lok Sewak) in

Hanumangarh Junction. He participated in the auction proceedings

for allotment of liquor shop and being a successful bidder, he was

issued a liquor licence for a period of one year commencing from

1.4.2022. Thereafter, vide order dated 7.7.2022, a show cause

notice was issued to the petitioner for cancellation of licence of

liquor shop. The petitioner filed reply to the said show cause

notice on 20.07.2022 (Annex.7). On 4.8.2022, the respondents

passed an order, whereby the licence issued in favour of the

petitioner has been cancelled.

Learned counsel for the petitioner submits that there is no

power under the Rajasthan Excise Act, 1950 and the Rajasthan

Foreign Liquor (Grant of Wholesale Trade & Retail Off Licences)

Rules, 1982 which debars a public representative (petitioner), who

is a successful bidder in the auction proceedings for grant of liquor

licence. The learned counsel submits that there is no prohibition in

the Act of 1950 & in the Rules of 1982 which prevents a public

representative to hold a liquor licence for the sale of the liquor in

the State of Rajasthan. He submits that action of the respondents

in canceling the liquor licence of the petitioner taking recourse to

Clause-13 of the Excise Policy of 2022-23 dated 05.02.2022 is

absolutely arbitrary, illegal and in contravention of the provisions

of the Act of 1950 & the Rules of 1982. He submits that as per the

Act of 1950 & in the Rules of 1982, there is no prohibition for a

public servant to hold a liquor licence in the State of Rajasthan.

The learned counsel also submits that Clause-13 is directly in

contravention of the Section 34 of the Act of 1950 & in the Rule-

(3 of 6)

[CW-11550/2022]

11 of the Rules of 1982. He, therefore, prays that the Clause-13 of

the Excise Policy dated 05.02.2022 and the order dated

04.08.2022, whereby the licence issued in favour of the petitioner

has been canceled may be quashed and set-aside.

Per contra, the learned counsel for the respondents submits

that the policy dated 05.02.2022 was issued by the State

Government in view of Section 72 of the Act of 1950 and,

therefore, it is having the same effect of the provisions of the Act

of 1950. The learned counsel further submits that the policy

decision of the State Government is in the larger public interest

and, therefore, the petitioner has rightly been made ineligible to

hold the liquor license for the year 2022-23.

I have considered the submissions made at the Bar and gone

through the order dated 04.08.2022 and the provisions