VIJAYA DHAKA Vs. EXCISE COMMISSIONER, EXCISE DEPARTMENT, GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have filed this writ petition under Article 226 of the Constitution of India challenging the action of the respondents-State in collecting application fee of Rs.30,000/- for grant of licence of retail outlets of Indian Made Foreign Liquor in the State of Rajasthan.

(2.) Learned counsel for the petitioners has submitted that petitioners are educated and unemployed citizens. Petitioners want to start their business and had applied earlier for grant of licence of retail outlets by depositing Rs.28,000/- vide application dated 25.02.2019. However, this year application fee has been raised to Rs.30,000/-. Petitioners are unable to pay the said amount. The amount liable to be deposited at the time of submitting application was on a higher side and had no purpose to achieve. The retail outlets are allotted on the basis of lottery system. State is collecting huge amount at the time of filling up the application, whereas, only lottery system is to be resorted for issuance of licence for the retail outlets. In support of his arguments, learned counsel has placed reliance on the decision of Hon'ble Supreme Court in Kandivali Co-operative Industrial Estate & Anr. Vs. Municipal Corporation of Greater Mumbai & Ors. in AIR 2015 Supreme Court 1434, wherein, it was held as under:-

(3.) Learned Advocate General has opposed the petition and has submitted that dealing in liquor is not a fundamental right and is the privilege of the State. Hence, the State is entitled for collecting revenue by fixing requisite fee at the time of submission of application forms by the persons who want to participate in grant of licence of retail outlets of Indian Made Foreign Liquor in the State of Rajasthan. Rights with regard to intoxicants belong to the State and it was open for the Government to part with the said rights for a consideration. In support of his arguments, learned Advocate General has placed reliance on the decision of Hon'ble Supreme Court in Har Shankar & Ors. Vs. The dy. Excise and Taxation Commr. & Ors. in (1975) 1 Supreme Court Cases 737, decided on January 21, 1975, wherein, it was held as under:-