SITA RAM KACHHAWAHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BRIEF facts of the case are that according to petitioner, the licence for running a Liquor shop was granted to the petitioner after careful examination of the location of the shop in dispute. According to petitioner earlier also liquor shop was running in this very shop. Now the District Collector on a complaint directed the Excise Officer, Jodhpur to re-consider the entire matter, but according to learned counsel for the petitioner, the Excise Officer vide order dated 1. 4. 2005 asked the petitioner to give alternate location for the liquor shop in zone No. 4. Therefore, the petitioner has challenged the order of the Excise Officer dated 1. 4. 2005 (Annex. 5 ). According to petitioner, the objection raised against the running of the liquor shop in the shop in dispute has been raised by some miscreants to blackmail the petitioner and the District Excise Officer without giving an opportunity of hearing to the petitioner and without giving opportunity to meet with the allegations levelled against the petitioner, passed the order virtually directing the petitioner to not to have the liquor shop in the shop in dispute, but somewhere else.

(3.) IF the State Authorities think proper they may take interim steps under Section 53 of the Excise Act and may forward matter to the Excise officer who may pass appropriate order by exercising power under condition No. 4. 2 and 4. 10 of the licence. In these circumstances, Section 53 if read in consonance with the condition No. 4. 2 and 4. 10 of the terms of the licence, the matter could have been and therefore, and has been rightly forwarded to the Excise Officer for passing appropriate order by him under Condition No. 4. 2 and 4. 10 to give relief to the public permanently.