STATE OF RAJASTHAN Vs. MOHAMMED USMAN

JUDGEMENT

(1.) HAVING heard the learned counsel for the appellants in these three similar nature intra -Court appeals filed by the State of Rajasthan and its officers in the Excise Department and having perused the material placed on record, we are unable to find even a wee bit of reason to consider interference. In these appeals, the appellants seek to question the similar nature orders dt. 03.05.2013, as passed in CWP Nos. 273/2013, 265/2013, and 274/2013 respectively, whereby, the learned Single Judge of this Court has admitted the respective writ petitions preferred by the licensees of the liquor shops, on their grievance against the demand of enhanced license fees, which was raised after an alleged survey about location; and has confirmed the interim orders dt. 10.01.2013 whereby, recovery of the impugned demand was ordered to remain stayed.

(2.) THIS Court has, time and again, observed that the question of granting or refusing the interim relief is essentially within the domain and jurisdiction of the learned Single of the Court dealing with the matter; and, ordinarily, such exercise of jurisdiction does not call for interference in intra -Court appeal unless there be a strong case of substantial failure of justice.