RAKESH KUMAR SIDANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these special appeals are preferred by the appellants against the judgment dated 05.10.2018 passed by the learned Single Judge in SBCWP Nos.3884/2011 and 3882/2011 filed by appellants - Rakesh Kumar Sidana and Ramesh Kumar respectively, whereby the said writ petitions were dismissed.

(2.) Brief facts of the case are that appellant - Rakesh Kumar Sidana and Ramesh Kumar were allotted licenses for running IMFL and beer retail shops for Zone No.2, Shop No.4 and Zone No.4 respectively within Municipal Limit, Sri Ganganagar by the Excise Department pursuant to the notification dated 19.02.2010. The licenses were being offered to the appellants for the remaining period of financial/license year 2009-2010. The appellants have claimed that they had deposited the license fee, earnest money and applications fee amounting to Rs.4,44,000/-

(3.) but they were not allowed to carry out their business on account of laxity on the part of the Excise Department. It is claimed that the appellants were asked to deposit requisite fee on 30.03.2010, which they had deposited but the RSBCL Code were not provided to them by the Excise Department and, therefore, they could not carry out their business for the remaining period of licenses that was going to expire on 31.03.2010. The license fee and other amount deposited by the appellants are liable to be refunded.