[2025:RJ-JP:8533] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2841/2025 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. ----Respondents For Petitioner(s) : Mr. Amit Malani For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/02/2025 1. By means of filing the instant writ petition under Article 226 of Constitution of India, petitioner has questioned show cause notice dated 13.02.2025 (Annexure-8) issued by the District Excise Officer, Bharatpur, so also has prayed to direct the District Excise Officer to grant renewal of the license on his application. 2. Having heard learned counsel for the petitioner and from the perusal of the documents placed on record, at the outset, it is apparent that no adverse order against the petitioner for recovery [2025:RJ-JP:8533] (2 of 4) [CW-2841/2025] of dues against annual guarantee amount nor declining renewal of his license for next year 2025-26 has been passed by the District Excise Officer, however, petitioner has directly invoked the writ jurisdiction of the High Court at the stage of issuance of show cause notice and even during the course of his application seeking renewal of his license, pending before respondents. 3. It appears that vide show cause notice dated 13.02.2025 in question, the time period, to lift the stock of liquor was extended till 15.02.2025, to ensure the payment of annual guarantee amount upto month of January, 2025 and 50% penalty thereof, and it has been mentioned in the show cause notice that if petitioner has any objection, he may submit his representation or appear in person before the authority on or before 27.02.2025 (date has erroneously been mentioned as '27.02.2024'), failing which, appropriate proceedings shall be drawn against him. 4. Learned counsel for the petitioner sought to make out a case that after allotment of liquor license on 26.09.2024 for Shop Code-501037, situated at Panchayat Samiti Tiraha, Bayana, for the period from 30.09.2024 to 31.03.2025, against the annual guarantee amount of Rs.94,61,100/-, the location of shop was approved by respondent No.4 only on 10.01.2025, therefore, for the previous period from 30.09.2024 to 10.01.2025 i.e. prior to approval of location of liquor shop, petitioner cannot be held liable for payment of the annual guarantee amount and the penalty thereupon. 5. In addition, learned counsel for the petitioner also tried to make out a case that pursuant to the new Excise Policy i.e. Excise & Temperance Policy 2025-29, for 4 years, petitioner has applied [2025:RJ-JP:8533] (3 of 4) [CW-2841/2025] for renewal of his license for next year 2025-26 and his application for renewal is pending, which possibly may not be accepted on account of dues drawn against the petitioner in the show cause notice dated 13.02.2025, therefore, direction be issued to respondent No.3 to grant renewal of his liquor license for the next year in terms of Clause 2.2.4 of the Excise & Temperance Policy 2025-29. 6. This Court is of the considered opinion that the contentions raised by learned counsel for the petitioner before this Court are yet to be considered by the District Excise Officer and it is open for the petitioner to put forth his submissions before him, pursuant to show cause notice dated 13.02.2025 (Annexure-8), and if the District Excise Officer passes any adverse order against the petitioner, there is a remedy of statutory appeal thereagainst under Section 9-A of the Rajasthan Excise Act, 1950. Hence, this Court finds that at this stage, the writ petitioner has invoked the jurisdiction of the High Court under Article 226 of the Constitution of India arbitrarily and filing of the writ petition is in sheer misuse of process of law. 7. This Court is of the considered opinion that the writ petition deserves to be dismissed with cost, which is quantified to Rs.10,000/-, for unwarrantly invoking the jurisdiction of the High Court that too even without making his submissions/representation before the District Excise Officer in furtherance to the show cause notice dated 13.02.2025, despite giving opportunity. 8. As a result, the writ petition is dismissed with cost of Rs.10,000/-. [2025:RJ-JP:8533] (4 of 4) [CW-2841/2025] 9. A copy of this order be sent to the District Excise Officer, Bharatpur. 10. Stay application and any other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J SUNIL SOLANKI/6