JITENDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY these writ petitions, the petitioners have challenged the impugned order dated 21.01.2009 (Annex. - 6), so also, fard (memo) prepared by the respondents dated 21.01.2009 (Annex. -6A). The petitioners have further sought direction to the respondents to allow the petitioners to conduct their business in pursuance of the licences. In the alternative, it is prayed that proportionately exclusive privileged amount may be reduced by passing appropriate and necessary order and respondents may be directed to pay cost of liquor lying in the shop in question under the seal of the respondents.

(2.) FOR deciding the controversy raised in these writ petitions, for the sake of convenience, the facts narrated in SB. Civil Writ Petition No. 682/2009 are taken into consideration and discussed.

(3.) THE Excise Commissioner issued notice dated 21.01.2008 inviting applications for renewal of licence for sale of country liquor for the year 2008 -2009, in which, it was made clear that the minimum exclusive privileged amount will be 8% higher than the exclusive privileged amount of the concerned shop for the year 2007 -2008. In pursuance of the said notice for the various shops, however, no application was received from any of the parties, therefore, the shops remained unlifted; and, again notice dated 18.03.2008 was issued inviting applications for grant of licence. In the advertisement, it was made clear that the minimum amount should be at least 80% of the amount fixed originally and certain other conditions were also incorporated.