JUDGEMENT
Dinesh Maheshwari, J. -
(1.) These intra-court appeals, having been preferred
against the common order dated 30.03.2010 as passed by the
learned Single Judge of this Court in the respective writ
petitions and involving similar facts and identical issues, have
been considered together; and are taken up for disposal by
this common order.
(2.) The grievance of the appellants in these appeals being
against the interim directions as issued by the learned Single
Judge in the order impugned and else, the writ petitions being
pending, suffice it shall be to take note of the background
aspects and the facts so far relevant for the present purpose.
(3.) The writ petitions wherefrom these intra-court appeals
arise, have been preferred by the contesting respondents
(hereinafter referred to as the writ petitioners) who had been
the holders of the licences issued by the Excise Department of
the Government of Rajasthan under the Rajasthan Excise Act,
1950 (the Act) and the Rajasthan Excise Rules, 1956 (the
Rules) for the year 2009-2010 for sale of Indian Made Foreign
Liquor (IMFL)/Beer at the respective places and on the
respective shops as specified in their licences. The writ
petitioners have stated their grievance essentially against: (i)
denial of renewal of their licences for the year 2010-2011; (ii)
the proposition of granting composite licence to the holders of
country liquor licences; and (iii) the terms operating against
them as contained in the advertisement dated 10.02.2010
inviting applications for renewal of the licences for the year
2010-2011. The writ petitioners in CWP Nos. 1904/2010,
1905/2010 and 2042/2010 (related with SAW Nos. 181/2010,
182/2010 and 183/2010 respectively) have sought the reliefs
in the following terms (being reproduced from CWP No. 1905/2010):
I. by an appropriate writ, order or direction, the
advertisement dated 10.2.2010 qua the petitioners
may kindly quashed and set aside and the
respondents may kindly be directed to renew the
license of the petitioners and petitioners may also be
permitted to submit their renewal fees and other
applicable fees and the respondents may kindly be
permitted to run the shops as per the license.
II. by an appropriate writ, order or direction, the
respondents may kindly be directed to invite fresh
applications for allotment the shops and by way of
draw of lots and/or by way of auction, the shops may
be allotted the licensees.
III. by an appropriate writ, order or direction, in the
alternative, it is prayed that the petitioners may be
given the composite license for IMFL/beer and
country liquor for which they are ready and willing to
deposit the requisite fees etc.
IV. by an appropriate writ, order or direction, the
alleged policy of the respondents may kindly be
quashed and set aside to the extent treating the
IMFL/Beer to the composite.;
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