STATE OF RAJASTHAN Vs. MAHENDRA PRATAP
LAWS(RAJ)-2010-4-97
HIGH COURT OF RAJASTHAN
Decided on April 20,2010

STATE OF RAJASTHAN,TUSLI RAM Appellant
VERSUS
STATE OF RAJASTHAN,VIJAY KUMAR,NEELAM,MAHENDRA PRATAP,BALRAJ GERA Respondents

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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