NITESH KUMAR VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these writ petitions have been filed by the petitioners seeking declaration of the action of respondents in denying the renewal of their liquor shops due to late payment of advance annual guarantee amount as violative of Art. 14 of the Constitution of India as well as to declare Clause 2.5.6 of the Excise Policy 2022-23 as illegal, unconstitutional, arbitrary and to strike down the same with further directions to the respondents to renew license of the petitioner at Rs.93,67,336.00 and Rs.1,56,35,560.00 respectively with 12 percent addition for the year 2022-23 as per first clause of 2.5.3 and not to discriminate only on the basis that the petitioners have delayed Advance Guarantee Amount by two days.

(2.) The case of the petitioner as per them is that they applied for renewal of license for composite liquor shop. For the year 2021-22, they were highest bidders and the shops were allotted to them and sanction was issued. As per Clause 2.5.3 of the new Liquor Policy of 2022-23 and 2023-24, the petitioners gave option to renew their license as per the table mentioned therein and the petitioners were offered the renewal as per Clause 2.5.3.

(3.) As per pleadings of the petitioners, they were required to get renewal only if they deposit the security amount, renewal fee, advanced guarantee amount and 50% of the annual license fee by the due date. The petitioners were interested in renewal of their shops and in the light of the conditions, they paid the security amount, renewal fee by the specified date/extended dates.