GANPATI BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against order dated 27.7.11 of the District Excise Officer, Nagour, whereby the license issued in favour of the petitioner under the provisions of Rajasthan Excise Act, 1950 (in short "the Act") and the Rules made thereunder for retail sale of country liquor and Indian Made Foreign Liquor (IMFL) for local area comprising Gram Panchayat, Deh (Nagaur), for the period 1.4.11 to 31.3.12, stands cancelled. The petitioner has also challenged the condition No. 8.6.3 of the license and circular dated 14.7.11 (Annex. 8) issued and by the Commissioner, Excise, Rajasthan, directing all the Additional Commissioners, Excise Zone and District Excise Officers to cancel the license in cases where after due inquiry, the dealer is found guilty of selling the liquor for the price exceeding maximum retail price. Besides, the advertisement inviting application for grant of fresh license of the liquor shop operated by the petitioner for the remaining period i.e. 1.8.11 to 31.3.12 is also impugned in this petition.

(2.) THE relevant facts in nutshell are that the petitioner was granted a license by the respondents authorising her to sell the country liquor as well as IMFL, in the group area Gram Panchayat, Deh (Nagaur). The petitioner deposited the guarantee amount, the license fee for sale of country liquor and also deposited composite fee for sale of IMFL. The licence issued in favour of the petitioner contains inter alia the condition No. 8.6.3 which reads as under:- <IMG>JUDGEMENT_284_CALLT1_2013.jpg</IMG>

(3.) THE petitioner was served with two notices, one being No. SP1-1 dated 22.7.11 issued by the Excise Inspector, Circle Nagaur for alleged violation of the provisions of Section 58(c) of the Act in respect of the illegalities, irregularities noticed during the first inspection made by him and another being No. 901 dated 22.7.11 issued by the District Excise Officer, Nagaur in respect of the case registered for sale of the liquor at the price exceeding MRP in violation of condition No. 7.5 and 8.6.3 of the license and circular No. 64 issued by the Commissioner, Excise, Rajasthan. The present matter relates to the second notice issued as aforesaid whereby the petitioner was directed to remain present in the office of the District Excise Officer on 26.7.11 to submit her explanation, if any.