SUNIL TALWAR MURLIDHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed for directing the respondents (i) to allow remission of Rs. 24,43,449/- for the months of October a. 11. 1990, during which the petitioners were not able to open their liquor shops due to curfew, (ii) not to adjust any amount from the security amounts and (iii) not to cancel the licence on account of the non-payment of the said amount. The fact of the case giving rise to this writ petition may be summarised thus.

(2.) THE petitioner No. 1 was granted licences under the Rajasthan Excise Act, 1950 (hereinafter to be called 'the Act') for the period from April 1, 1989 to March 31, 1991 for the exclusive privilege for selling country liquor on 75 shops and 45 sub-shops. Curfew was imposed in the entire municipal limits of Jodhpur from October 24 to November 19, 1990. As a result thereof, the liquor shops could not be operated at all during the curfew periods. THEre was proportionate loss in retail sale of liquor. By letter dated November 1990 (Annexure 4), respondents were requested to grant remission of the said amount of Rs. 24,43,449/ -. It is apprehended that the demand for the said amount may be raised and it may be deducted from their security amounts. In similar circumstances, remission was granted to Kota shops by order dated April 22, 1988 (Annexure 5 ).