STATE OF RAJASTHAN Vs. VACHANA RAM

JUDGEMENT

(1.) These special appeals are directed against the order dtd. 6/4/2021 passed by the learned Single Judge, whereby the writ petitions filed by the respondents-petitioners were allowed and the respondents were directed to give relaxation of proportionate composite fee for a period of 34 days to the petitioners.

(2.) The writ petitions were filed by the respondents-petitioners with the submissions that they were allottees / license-holders of liquor shops for the period 1/4/2020 to 31/3/2021. The petitioners deposited the license / composite fees (lump sum amount) and Advanced Exclusive Privilege Amount as per the Rules and the terms of license. It is claimed that the respondent department delivered the country liquor to the petitioners on 4/5/2020 though the tenure of the allotted shops started from 1/4/2020 on account of the fact that the country was suffering from COVID Pandemic and Government of India & State of Rajasthan had ordered for closure of all the liquor shops all over the country from 1/4/2020 to 4/5/2020.

(3.) Submissions were made that as the previous allottees / license-holders for the year 2019-20 were granted relaxation for the composite fee by the State by its Circular dtd. 7/4/2020, looking to the fact that there was lock-down for the period 1/4/2020 to 3/5/2020, the State should have provided relaxation in the composite fee for a period of 34 days, proportionately.