HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4096/2026 Govind Sharma Son Of Shri Kailash Chandra Sharma ----Petitioner Versus The State Of Rajasthan and Ors.

----Respondents Connected With S.B. Civil Writ Petition No. 12277/2025 Govind Sharma Son Of Shri Kailash Chandra Sharma ----Petitioner Versus The State Of Rajasthan and Ors.

----Respondents For Petitioner(s) : Mr. R.B. Mathur, Senior Advocate assisted by Mr. Yug Singh, Mr. Falak Mathur, Mr. Nikhil Simlote, Mr. Salim Khan Gori, Mr. Manish and Mr. Utsav Verma For Respondent(s) : Mr. Saurabh Sharma Mr. Prateek Saxena Mr. Rajendra Prasad Garg, District Excise Officer, Jaipur Rural HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

30/03/2026 The learned counsel for the petitioner submits that the petitioner was issued the license for liquor shops at Village G.P. Dhankya and G.P. Mudiyaramsar Code No.1408006 for the period of 2025-2029 subject to renewal of the license, every year. He further submits that because of registration of a criminal case against the petitoiner for offence punishable under Sections 58C, 19/54 and 16/54 of the Rajasthan Excise Act, the respondents issued a show cause notice to the petitioner on 02.08.2025 for cancellation of the license. The petitioner submitted an explanation on 08.08.2025, as regards the notice dated 02.08.2025, but the respondents without even caring for due application of mind, passed the order of cancellation of the license on same day, i.e., 08.08.2025.

The learned counsel for the petitioner further submits that the petitioner by way of filing S.B. Civil Writ Petition No.12277/2025, challenged the order dated 08.08.2025 of cancellation of license, and the Court after taking into consideration all the submissions, stayed the effect and operation of the order dated 08.08.2025. He further submits that in view of the order dated 08.08.2025, the respondents have rejected the application for renewal of the license of the petitioner for the year 2026-2027. He also submits that though the order of cancellation of license was made the basis of cancellation of renewal application, whereas, the order of respondents of cancelling the license, was also stayed by the Court vide order dated 12.08.2025 in S.B. Civil Writ Petition No.12277/2025, this kind of exercise of the respondents is a culpable exercise of the powers conferred upon them.

Mr. Rajendra Prasad Garg, the District Excise Officer, who is present before the Court, was put a query as to against how many liquor shop license holders, the first information report has been registered for the offence punishable under the Excise Act. He answered that as many as sixty (60) cases were registered in the year 2025-2026 against the liquor shop license holders for offence punishable under the Excise Act.

As per condition No.13.3 of the License Conditions, a license is allowed to be cancelled when any first information report is lodged against the license holder.

The District Excise Officer is directed to place on record the details of the first information report registered against the liquor shop license holders for the period of 2025-2026 and in how many cases, they have cancelled the license of the liquor shop license holders, against whom first information report is/are being lodged. He shall submit all these details within a period of two weeks’ from today.

In the meanwhile, the effect and operation of the order dated 18.02.2026, issued by the District Excise Officer, Jaipur Rural, whereby the application of renewal of license of the liquor shop of the petitioner was cancelled, shall remain stayed and the petitioner be allowed to run the liquor shop till further orders.

(GANESH RAM MEENA),J ARTI SHARMA /298-299