The court directed the administrative authority to examine the legality of plastic-based procurements in light of the Plastic Waste Management Rules, 2016, in consultation with pollution control boards before passing a speaking order.

Order

Heard learned counsel for the parties.

The present writ petition has been filed for the following reliefs:-

“10.1 Issue a writ, order or direction in the nature of Certiorari to quash the Tender dated 11.12.2025 and the subsequent Letter of Acceptance (LoA) dated 22.01.2026 issued by the respondent No.6 (Excise Department, Rajasthan) for the procurement of 36- micron Polyester-based holograms, being in parent violation of Rule 4 (d) of the Plastic Waste Management Rules, 2016.

10.2 Issue a writ, order or direction in the nature of Mandamus to direct the respondents to strictly comply with the Plastic Waste Management Amendment Rules, 2021 , and the statutory directions issued by the Rajasthan Pollution Control board to adopt eco- friendly, biodegradable, or compostable alternatives for excise security labels.

10.3 Issue a writ, order or direction in the nature of Mandamus directing the State Government to conduct a time-bound audit of all ongoing plastic- based procurements in the Excise Department to ensure conformity with the minimum thickness mandates and the national ban on Single- Use Plastics (SUP)”.

Learned counsel for the petitioner without joining the issue on merit submits that the Rajasthan State Pollution Control Board vide its communication dated 19.01.2026 has made a request to the Commissioner, Excise Department to examine the matter with respect to Plastic-based Excise Hologram Tender issued by the Rajasthan Excise Department on 11.12.2025 proposing use of 36- micron non-biodegradable plastic; under the provisions of Plastic Waste Management Rules, 2016 (for short the ‘Rules of 2016’).

Learned counsel for the petitioner further submits that the petitioner will be satisfied, if the issue involved is examined by the Commissioner, Excise Department, Government of Rajasthan in consultation with Rajasthan State Pollution Control Board, Central Pollution Control Board and the respondent No.7 to whom the tender has been awarded. He also submits that if the authorities after examination of the issue come to the conclusion that the material used for manufacturing of the holograms is found to be in violation of the Rules of 2016, then the remedial measures may be ordered to be issued to the persons concerned in whose favour the tender has been floated. If after examination, the authorities are satisfied that the same is in consonance with the provisions of the Rules of 2016, then it may be ordered to use the same in furtherance of the contract agreement.

Learned counsel for the respondents have not opposed the submissions made by learned counsel for the petitioner. They submit that the respondent State may be directed to examine the matter in a time bound manner.

At this stage, Mr. Sajjan Singh Rathore, learned Additional Advocate General assures this court that the matter will be examined in the light of letter dated 19.01.2026 in accordance with law after giving a reasonable opportunity of hearing to all the concerned parties including the petitioner.

In view of the submissions made by learned counsel for the respective parties, the present writ petition is disposed of and the petitioner is directed to submit his written submissions/representation before the Commissioner, Excise Department within a period of four weeks from today. The Commissioner, Excise Department, Government of Rajasthan is directed to examine the matter in accordance with the rules of 2016 and pass a speaking order within a period of eight weeks from the date of receipt of certified copy of this order.

Needless to say that necessary inputs be obtained from Central Pollution Control Board as well as Rajasthan State Pollution Control board before deciding the issue at hand.