AR.LAKSHMANAN, J. - (1.) BY these four and other bunch of writ petitions, challenging the vires of the certain provisions of the Rajasthan Excise Act, the petitioners in the respective writ petitions have prayed for: (a) appropriate writ, order or direction, incorporation of Section 54(Ka) and Sub -sections (4) to (9) in Section 69 of the Excise Act may be declared ultra vires and be struck down; (b) by an appropriate writ, order or direction, amendment in the Excise Act, 1950 by incorporation of Section 9 -B, may be declared ultra vires and be struck down; (c) by a further appropriate, writ, order or direction impugned order dated, 16.5.2000, passed by respondent No. 2 may be declared invalid and may be quashed and set aside; (d) Pending decision, if any further order is made or action is taken prejudicial to the interest of the petitioner, the same may also be quashed and set aside. (e) Any other relief may also be granted in favour of the petitioner. (f) Costs be awarded to the petitioners.
(2.) BRIEFLY put the contentions urged on behalf of the petitioners in this group of matters challenging the vires of the aforesaid provision have been that: (a) the provisions of the Amendment are contrary to Article 254 of the Constitution of India and without the assent of the President, the same are ultravires; (b) the amended provisions are repugnant to the provisions of the Code of Criminal Procedure and the Code of Civil Procedure; (c) The amended provisions confer unguided powers on the Excise Authorities; (d) By Section 9(B) the remedy of judicial review is taken away and the petitioner is remedyless. The respondent State has contested the writ petition and has submitted the Rajasthan Excise Act is within the legislative competence of the State Government under Item -8 read with Items 64 and 65 of List -II of the Seventh Schedule of the Constitution of India and is a Special Act dealing with right of the State to regulate, production, transport, storage, possession and sale of liquor or intoxicating drug.
(3.) IDENTICAL writ petitions numbering 75 were filed before the Rajasthan High Court at Jaipur Bench raising the very same contentions by the petitioners and countered by the State of Rajasthan by filing reply to the same.;