NETU DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the controversy involved in the writ petition is squarely covered by the judgment dtd. 11/1/2021 passed in SB Civil Writ Petition No.11384/2020 (Balveer Bana Vs. State of Rajasthan and other connected matters) which is reproduced hereinbelow:- "The petitioners are the licence holders of the shops of selling Indian made foreign liquor and country made liquor in various locations of State of Rajasthan. They have filed these writ petitions being aggrieved with the action of the respondent - Excise Department of imposing penalty upon the petitioners for the reason that they have failed to achieve the target of selling the liquor as per the conditions of the agreement executed between them and the respondent - Excise Department or in other words for selling less quantity of liquor from the fixed target. The Excise Department has imposed the said penalties and demanded the same while invoking the provisions of Clauses 3.18 (1) & 4.6 of the Excise and Temperance Policy for 2020-21 (hereinafter referred as "Excise Policy 2020-21"). Mr M.S.Singhvi - learned Advocate General - Senior Counsel assisted by ish Sankhla and Mr K.S. Lodha has by Mr Girish submitted that Division Bench of this Court at Jaipur Bench in Satveer Chaudhary vs. State of Rajasthan & Ors. (DBCWP No.10936/2020) and other connected writ petitions decided on 8/12/2020 has dismissed the challenge of Clauses 3.18 (i) & 4.6 of the Excise Policy 2020-21 and the controversy raised in these writ petitions is squarely covered by the said decision. Learned counsels for the petitioners are not in a position to dispute the fact that the challenge to the Clauses 3.18 (i) and 4.6 of the Excise Policy 2020-21 has been failed before the Division Bench of this Court at Jaipur Bench. The Division Bench of this Court at Jaipur Bench in Satveer Chaudhary, and other connected writ petitions (supra) has held as under:

(2.) In view of the above, this writ petition is dismissed in the same terms of the judgment dtd. 11/1/2021 passed by the Coordinate Bench of this Court in the case of Balveer Bana Vs. State of Rajasthan (supra). Stay petition is also dismissed.