Chain Singh vs State Of Rajasthan And Others

Yogendra Kumar Purohit, J

Learned counsel for the parties jointly submit that the issue involved in the present writ petition is squarely covered by the judgment dated 10.05.2024 passed by this Court at Jaipur Bench in the case of Krishna Sharma Vs. State of Rajasthan : SBCWP No.4606/2024 and other connected matters, whereby writ petitions have been allowed. The relevant part of the judgment is reproduced hereunder :-

“Contention of Shri Bharat Vyas, learned AAG that it is not permissible for the petitioners to raise any grievance against the order dated 31.3.2024 inasmuch as right to trade in liquor is not a fundamental right and the State Government can always put reasonable restrictions in it, requires not much deliberation inasmuch, there cannot be any two views against the proposition that not to carry on trade in liquor especially, it not being an essential commodity, in absence of any statutory or contractual obligation/compulsion is the fundamental right of the petitioners which is impinged upon vide order dated 13.3.2024. For this reason also, the order dated 13.3.2024 deserves to be quashed and set aside.

The judgement of the Constitution Bench in the case of State of Punjab & Anr. (supra) does not come to rescue of the respondents wherein, validity of levy of tax on import of potable liquor manufactured in other States was under challenge. It was held that conduct of the respondent licensees in an attempt to wriggle out of his contractual obligations cannot be countenanced having fully exploited the advantage flowing from the contract to the exclusion of the others and having reaped rich commercial benefits from that activity by challenging, inter alia, any particular condition of that contract/licence. However, these observations were made as the levy of import tax was contemplated under the terms of the contract; whereas, in the present cases, the facts are not identical. As already held, the terms of the agreement executed between the parties did not entitle the State Government to unilaterally extend its term after expiry by efflux of time that too with new terms and conditions onerous to the licence holders.

This Court is in respectful agreement with the law laid down by the Hon’ble Supreme Court in the cases of Tata Cellular (supra) and Vivek Narayan Sharma (supra) relied upon by the learned Additional Advocate General to canvass his submission that scope of judicial review in policy matters; specially and specifically in economic matters, is very narrow and limited. However, the same has no applicability in the cases in hand for the reasons; firstly, this Court is not convinced that the order impugned dated 13.3.2024 falls within the mischief of “policy decision”; rather, it is an administrative order issued allegedly to meet an exigency created on account of MCC. The policy decision is a decision laying down broad guidelines to govern the affairs in long term based thereon beyond running day to day affairs and the order dated 13.3.2024 fails to meet this criteria. Secondly, even assuming it to be a policy decision, it is not sacrosanct and beyond the reach of judicial review and deserves to be quashed and set aside for the reasons expressed hereinabove.

In view of aforesaid discussion, the writ petitions deserve to be allowed.

Resultantly, the writ petitions are allowed. The order impugned dated 13.3.2024 is quashed and set aside. The respondents are directed to refund the refundable dues to the petitioners within a period of four weeks from today failing which it shall carry an interest @ 6% per annum from today.

Office to place a copy of this judgement in each connected file.”

Accordingly, the present writ petition is allowed in the same terms as in the case of Krishna Sharma Vs. State of Rajasthan (supra).

The order impugned dated 13.03.2024 (Annex.1) is quashed and set aside. The respondents are directed to refund the refundable dues to the petitioner within a period of four weeks from today failing which it shall carry an interest @ 6% per annum from today.

Stay application also stands disposed of.