DISTRICT EXCISE OFFICER . vs M/S.KALAWATI HARI SINGH CHOUDHARY &PARTY — C.A. No. 19/2001

Case Summary: CA No. 19/2001 Outcome: The Supreme Court allowed the appeal and quashed the orders of both the trial court and High Court. Civil Suit No. 117/1999 filed by the respondent was dismissed as not maintainable. Key Issue: The respondent challenged a notice requiring relocation of a liquor shop granted under a retail licence (1999-2001), alleging violation of Commissioner's circulars regarding proximity to other shops. The District Excise Officer argued the suit was barred under Section 9B of the Rajasthan Excise Act, 1950, which strips civil courts of jurisdiction to modify original orders passed under the Act. Both lower courts erroneously failed to consider this jurisdictional bar despite Section 9B being explicitly quoted in the written statement, committing grave miscarriage of justice. The Supreme Court upheld the jurisdictional bar. No costs awarded. This case analysis is maintained by casestatus.in based on publicly available court records.