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2025 DAILYLAW 13264 (RAJ)

VIKASH SHIVHARE, S/O. KAMTA PRASAD v. THE STATE OF RAJASTHAN

CW/5168/2025 · 2025-04-15

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:16120] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5168/2025 Vikash Shivhare, S/o. Kamta Prasad, Aged About 48 Years, R/o. Ward No. 10, Gedol Road, Laxmi Colony, Dabra, Gwalior, Madhya Prasad - 475110 ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, Finance Department, Government Of Rajasthan, Jaipur 2. The Excise Commissioner, Government Of Rajasthan, Udaipur 3. District Excise Officer, Excise Department, Bharatpur 4. Excise Inspector, Circle Bayana, Excise Department, Bharatpur 5. Daulat Singh, S/o. Mohan Singh, R/o. Bandh Bareta, Bayana, Bharatpur, Rajasthan ----Respondents For Petitioner(s) : Mr. Amit Malani HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/04/2025 Learned counsel for the petitioner submits that it appears from the record that a show cause notice was issued against the petitioner on 13.02.2025 by the District Excise Offier, Bharatpur, which was challenged by the petitioner before this Court by way of filing civil writ petition No.2841/2025. It is submitted that the said writ petition was dismissed vide order dated 25.02.2025 by coordinate bench of this court on the ground that without submitting the reply to the show cause notice, writ petition has been preferred by the petitioner. Counsel submits that after [2025:RJ-JP:16120] (2 of 2) [CW-5168/2025] dismissal of the writ petition, petitioner submitted his reply on 27.02.2025 before the District Excise Officer, Bharatpur (Raj.) but till date, no decision has been taken on the objections/representation/reply submitted by the petitioner. Considering the aforesaid factual position, I deem it just and proper to direct the District Excise Officer, Bharatpur (Raj.) to take decision on the objections/representation/reply submitted by the petitioner in response to the show cause notice dated 13.02.2025 within a period of one month from the date of receipt of certified copy of this order. Learned counsel for the petitioner is directed to place the certified copy of this order alongwith application before the District Excise Officer. It is expected from the District Excise Officer that he shall decide the objections/representation/reply submitted by the petitioner by passing a reasoned and speaking order in accordance with law. With the aforesaid directions, this civil writ petition is disposed of. Pending application(s), if any, also stands disposed of. (ANIL KUMAR UPMAN),J LALIT MOHAN /294