DISTRICT EXCISE OFFICER NAGAUR Vs. KISHORE SINGH

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) This appeal is directed against the order dated 23.10.2010 passed by learned trial Court in a Civil suit filed by the Plaintiff, Kishore Singh S/o Bachan Singh against the show cause notice issued by the Appellant-District Excise Officer, Nagaur seeking to cancel the license given to Plaintiff for the period 1.4.2010 to 1.3.2011. In the said suit filed for injunction, learned trial Court has granted a temporary injunction in favour of Plaintiff-Respondent vide impugned order dated 23.10.2010. Being aggrieved of which, the District Excise Officer, Nagaur has filed the present appeal under Order 43 Rule 1 Code of Civil Procedure.

(3.) Learned Counsel for the Appellant, District Excise Officer, Dr. Sachin Acharya submitted that the suit itself was barred as per Section 9-B of the Rajasthan Excise Act, 1950 (for short, hereinafter referred to as 'Act') and, therefore, learned trial Court could not have entertained the suit at all much-less granting temporary injunction by impugned order which will achieve the very purpose of filing of the suit if the said temporary injunction continues upto 31.3.2011, the period up to which license is granted in favour of Plaintiff-Respondent. He further submitted that even though the Appellant-District Excise Officer filed an application under Order 7 Rule 11 Code of Civil Procedure before the learned trial Court alleging therein that the suit itself is not maintainable, however, the aforesaid application was filed later on i.e. after passing of the impugned order granting temporary injunction on 23.10.2010.