NARENDRA KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner was having licence to run country made liquor shops at Gadarkheda, Khairuwala and Budhsinghwala. On inspection a team of the Department of Excise on 25.8.2009 found at Khairuwala shop 20 quarters of country liquor adulterated. A penal action, therefore, was taken and under an under dated 31.3.2010 the licence granted to the petitioner to have shop at Khairuwala was cancelled. A challenge to the order dated 31.3.2010 by way of filing a petition for writ before this Court also failed under an order dated 8.4.2010.

(2.) SO far as licence relating to liquor shops at Gadarkheda and Budhsinghwala is concerned, those were renewed on 1.4.2010 and the petitioner purchased liquor for those shops from Ganganagar Sugar Mills, a public sector enterprise. On 23.4.2010 the District Excise Officer, Sriganganagar issued a notice to the petitioner for cancellation of licence relating to country made liquor shops at Gadarkheda and Budhsinghwala in view of the fact that the liquor was found adulterated at Khairuwala liquor shop. A reply to the notice was submitted, however, vide the order dated 6.5.2010 the competent authority cancelled licence of the petitioner to have shops at Budhsinghwala and Gadarkheda and also forfeited the earnest money relating to grant of licence for the shops aforesaid while exercising powers under Sub -section (2) of Section 34 of the Rajasthan Excise Act, 1950 (hereinafter referred to as "the Act of 1950").

(3.) A reply to the writ petition has been filed on behalf of the respondents with assertion that Section 34(2) of the Act of 1950 empowers the competent authority to cancel licences of other shops, if a person whose licence is cancelled because of any reason prescribed under Sub -section(1) of Section 34 of the Act of 1950. The District Excise Officer exercised his statutory authority looking to the fact that the liquor at Khairuwala shop was found adulterated.