AMARJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal under sec. 9A (1) (b) of the Rajasthan Excise Act against the orders of the learned Commissioner, Rajasthan, Udaipur dated 3-11-1972. An application under order 1, Rule 10 C. P. C. was mover on behalf of the Manager, Adarsh Vidyalaya Ajmer. A copy of this application was given to the appellant and arguments on this application were heard. It has been contended on behalf of the Manager, Adarsh Vidyalaya that the location proposed by the appellant was in the portion of a hotel premises and that the learned Excise Commissioner on 3-11-72 has asked the appellant to suggest some other site. It was further contended that the Adarsh Vidyalaya Girls School is situated in the close vicinity and that under such circumstances he has a right to object. On behalf of the appellant it was contended that the Manager, Adarsh Vidyalay should not be added as a party as his presence would not enable this Hon'ble Court to completely and finally adjudicate upon the points in dispute.

(2.) THE respective contentions of the learned counsel for the parties have been considered. Adarsh Vidyalay Girls School is said to be situated near the site where the liquor shop is to be located. THEre is no harm if the neighbour's are heard. Under such circumstances permission was given to the learned counsel for the Manager, Adarsh Vidyalaya to partake in the arguments on the appeal.

(3.) THE respective contentions of the learned counsel for the parties have been considered and the record of the case perused. In sec. 3(19) of the Excise Act place has been defined to include a house, building, shop, room, booth, tent, vessel, boat, raft and enclosure. Rule 49 of the Rajasthan Excise Rules lays down that shop licences for the retail sale of foreign liquor shall be of two classes i. e. one for the retail sale for consumption on the premises and the other for retail sale for consumption off the premises. From the perusal of the file it appears that on 25-10-72 the District Excise Officer worte to the Excise Commissioner that there are no disqualifications as enumerated in rule 3(7) of the Foreign Liquor Rules, 1972 and as such necessary orders may be passed. On 27-10-72 sanction was accorded for the issue of licence. THE office note dated 3-11-72 reads as under : - - "Here again is a case of the type of Sartaj Hotel. Here the shop is proposed in the building where Khalsa Hotel is run. Decision of this case depends on decision in case of shop in the building of Sartaj Hotel. THEre is however no representation from public in this case."