[2025:RJ-JP:40940-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 19288/2024 Deepak Sharma Son Of Radha Ballabh Sharma, Aged About 36 Years, Resident Of Dr. Rajendra Prasad School Ke Pass Men, Prem Nagar 1, Kota, Rajasthan- 324003. Licensee Composite Liquor Shop No. 52 (Ward No. 16,17,09,10,18,19,38,12,13,14,15,39,40,41) Kota North And Ward No. 16,17,11 Kota South. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Finance (Excise), Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Kota. 4. Rajasthan State Beverages Corporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan, (D-Block Ist Floor), Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar, Jaipur, Rajasthan. ----Respondents Connected With D.B. Civil Writ Petition No. 17296/2024 Jeetram Gurjar Son Of Kanjee Gurjar, Aged About 46 Years, Resident Of Peepal Kheda, District Dausa. ,licensee Composite Liquor Shop, Taalchidi, District Dausa. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Dausa 4. Rajasthan State Beverages Corporation Ltd., (Rsbcl), Through Managing Director, Vitta Bhawan, (C-Block, 1St Floor), Janpath Near Vidhan Sabha, Jaipur. [2025:RJ-JP:40940-DB] (2 of 7) [CW-19288/2024] 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 17320/2024 Smt. Anjali Anish Jayaswal Wife Of Anish Jayaswal, Aged About 28 Years, Resident Of Devpreet Bunglow, Rajkiya Engineering College Ke Samne, Motera, District Ahmadabad, Gujrat - 380005 Licensee Composite Liquor Shop, Nagar Parishad, Dausa, Shop No. 2. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Dausa. 4. Rajasthan State Beverages Croporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan, (D-Block, Ist Floor), Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office, Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 17321/2024 Smt. Bhumika Jayaswal Wife Of Ghayanshyam Jayaswal, Aged About 41 Years, Resident Of 38, Jayaswal Bhawan, Saithal Road, District Dausa. Licensee Composite Liquor Shop, Nagar Parishad, Dausa, Shop No. 7. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Dausa. 4. Rajasthan State Beverages Croporation Ltd. (Rsbcl), [2025:RJ-JP:40940-DB] (3 of 7) [CW-19288/2024] Through Managing Director, Vitta Bhawan, (D-Block, Ist Floor), Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office, Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 17327/2024 Parva Jain Son Of Jambhu Kumar Jain, Aged About 24 Years, Resident Of Anar Bhawan, Telipada, District Sawai Madhopur. Licensee Composite Liquor Shop, Kalipahadi District Dausa. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Dausa. 4. Rajasthan State Beverages Croporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan, (D-Block, Ist Floor), Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office, Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 17378/2024 Sanjay Meena Son Of Daulat Ram, Aged About 24 Years, Resident Of Moda Balaji Road, Ward No. 2, District Dausa. Licensee Composite Liquor Shop, Dhanya Ka Bandh, District Dausa. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Dausa. 4. Rajasthan State Beverages Croporation Ltd. (Rsbcl), [2025:RJ-JP:40940-DB] (4 of 7) [CW-19288/2024] Through Managing Director, Vitta Bhawan, (D-Block, Ist Floor), Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office, Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 18782/2024 Ravi Sethi S/o Babulal Sethi, Aged About 31 Years, Resident Of Water Works Colony, Ward No. 10, Bandikui, Dausa, India. Licensee Composte Liquor Shop At Baijupada. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Dausa. 4. Rajasthan State Beverages Corporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan, (D-Block, 1St Floor) Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar, Jaipur, Rajasthan ----Respondents D.B. Civil Writ Petition No. 18797/2024 Akhlesh Raikwar S/o Babulal Raikwar, Aged About 30 Years, Resident Of Hn 544, Alipura Chhatarpur Mp, Mp. Licensee Composite Liquor Shop Khatwa. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur 3. District Excise Officer, Dausa 4. Rajasthan State Beverages Corporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan, (D-Block, 1St [2025:RJ-JP:40940-DB] (5 of 7) [CW-19288/2024] Floor) Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar, Jaipur, Rajasthan ----Respondents D.B. Civil Writ Petition No. 19331/2024 Satya Narayan Singh Son Of Shri Dashrath Singh, Aged About 37 Years, Resident Of Chaurahe Ke Samne Ki Gali, Ward No 33, Govind Nagar, Kota. Licensee Composite Liquor Shop No. 120 At Ward No. 9, 10, 33, 34, 35, 36, 37, 54, 55, 70, 71, 72), Kota South. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Kota. 4. District Excise Officer (Recovery), Kota. 5. Rajasthan State Beverages Corporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan (D-Block, Ist Floor), Janpath, Near Vidhan Sabha, Jaipur. 6. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar, Jaipur, Rajasthan. ----Respondents D.B. Civil Writ Petition No. 19337/2024 Dinesh Kumar Son Of Shri Rajendra Kumar, Aged About 38 Years, Resident Of Gadwal Cycle Ke Pichch, Prem Nagar Tisra, Udyog Puri, Kota, Rajasthan-324004. Licensee Composite Liquor Shop No. 41 (Ward No. 16, 17, 09, 10, 18, 19, 38, 12, 13, 14, 15, 39, 40, 41) Nagar Nigam North And Ward No. 16, 17, 11 Kota South. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, [2025:RJ-JP:40940-DB] (6 of 7) [CW-19288/2024] Department Of Finance (Excise) Secretariat, Jaipur. 2. Commissioner, Excise Department, Udaipur. 3. District Excise Officer, Kota. 4. Rajasthan State Beverages Corporation Ltd. (Rsbcl), Through Managing Director, Vitta Bhawan (D-Block, Ist Floor), Janpath, Near Vidhan Sabha, Jaipur. 5. Rajasthan State Ganga Nagar Sugar Mill Limited, Head Office Jaipur, Through Managing Director, 4Th Floor, Nehru Shahkar Bhavan, Bhawani Singh Road, Ganga Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Arvind Kulhar, Adv. with Mr. Kamlendra Singh, Adv. For Respondent(s) : Mr. Rajendra Prasad, AG assisted by Ms. Dhriti Laddha, Adv. HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 08/10/2025 1. In the present bunch of writ petitions, the petitioners have prayed as under: “It is, therefore, humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition of the petitioner and by appropriate writ, order or direction:- i. Section 40 & 40A of the Rajasthan Excise Act, 1950 may kindly be declared as ultravires, null and void, void- ab-initio and the same be struck off in the interest of justice. ii. Any other appropriate order or direction, which may deem fit and proper in the facts and circumstances of the case, be passed in favour of the petitioner.” 2. It is stated that recovery has been affected from the petitioners even though, the same was not required to be made. [2025:RJ-JP:40940-DB] (7 of 7) [CW-19288/2024] As regards the challenge to the conditions of the contract and the provisions of the Act are concerned, some parts are not addressed at this stage. 3. Considering the nature of the present petitions filed, this Court is of firm view that if any person has any grievance relating to the recovery made, he/she can always avail legal remedies available under the civil law or provisions of Rajasthan Excise Act, 1950 which also provide for filing an appeal and revision. 4. The petitioners admittedly participated in the bidding process and were issued licenses in terms of the Act, hence, their grievance can only be taken up as per the aforesaid law and recourse observed. 5. The challenge to the policy has not been made and the provisions of the Act were followed for the purpose of serving the policy. 6. In view thereto, the petitioners in a way accepted the provisions of the Act which formed part of the policy too. 7. The present civil writ petitions are accordingly, dismissed. However, it is made clear that petitioners can avail aforesaid legal remedies, if so required. 8. All pending application(s) stand disposed of accordingly. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACJ HEENA/MAHIMA/109-118