TRILOK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The only ground on which the present petition has been filed is that in the absence of publication of an excise policy the State of Rajasthan could not have given effect to such a policy and carried out auction of the excise shops.

(2.) On 1.2.2019, the State framed the new excise policy. At that stage, the writ petitioner approached this Court complaining that the policy had not been published and consequently was not enforceable by reason of Section 72 of the Rajasthan Excise Act, 1950. In response to the objection, the State filed an additional affidavit disclosing that the policy was published in the Rajasthan Gazette on 24.5.2019. It was urged that the operation of the policy in the absence of its publication was illegal and arbitrary.

(3.) Sections 41 and 72 of the Act read as follows:-