- (1.) The petitioner has filed this writ petition on 02.09.2009 with the following prayers: i. By an appropriate writ, order or directions, the order dated 30.3.2009 Annexure-7, passed by the District Excise Officer, Bikaner may kindly be quashed and set aside. ii. By an appropriate writ, order or directions the respondents may kindly be directed to grant licence for IMFL/Bear shop at Nokha for the remaining period of the Year 2009-2010 to the petitioner. iii. By an appropriate writ, order or directions the respondents department may kindly be directed to cancel the licence issued in favour of respondent No. 4 Shri Chhailu Dan for IMFL/Bear shop at Nokha for the Year 2009-2010. iv. That any other appropriate writ, order or direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may also kindly be granted in favour of the petitioner. v. That cost of the writ petition may kindly be awarded in favour of the petitioner.
(2.) The reliefs aforesaid have been claimed with the averments in the petition that the respondents invited applications for grant of licence for retail sale of Indian Made Foreign Liquor (IMFL)/Beer for the year 2009-2010; that the petitioner applied for issuance of licence for liquor shop at Nokha and deposited the requisite earnest money; that the retail shop at Nokha came to be allotted to the petitioner after drawing of lottery in his favour; and that the petitioner deposited further amount towards licence fees etc. The petitioner has further averred that after grant of licence in his favour, the respondent No. 4, who was one of the applicants for such licence, filed a complaint to the effect that an FIR bearing number 57/2004 has been registered against the petitioner at Police Station Nokha for offences punishable under Sections 341, 382/34 IPC and Section 19/54 of the Rajasthan Excise Act and the case was pending trial. The petitioner has pointed out that on such a complaint, a show cause notice was issued to him on 24.03.2009 for cancellation of the shop in question whereto he submitted a reply on 30.03.2009 stating that the FIR had been lodged against unknown persons and he was falsely entangled in the said case due to business rivalry.
(3.) The petitioner has further averred that by the order dated 30.03.2009 (Annex.7), the District Excise Officer proceeded to cancel the sanction as made in his favour holding that he did not disclose the complete facts and tried to obtain the licence on false declaration. The petitioner has further pointed out that being aggrieved of the order dated 30.03.2009, he preferred a writ petition to this Court being CWP No. 2762/2009 that was disposed of on 02.04.2009 with this Court directing the respondents to consider the case of the petitioner in terms of the previous communication. A copy of the order dated 02.04.2009 as passed by this Court in CWP No. 2762/2009 has been placed on record as Annexure-8.;