CW 12033/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12033/2009 Jagdish Prasad Versus Commnr Excise & Ors Date of Order ::: 12/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Prahlad Sharma, for petitioner Instant petition has been filed by petitioner assailing order dt.08/07/09 (Ann.5) whereby earnest money & security have been forfeited after serving upon him a notice on the premise that he failed to disclose while submitting application seeking license that a case U/s 19/54 & 58(c) of Rajasthan Excise Act was registered against him, which certainly disqualifies him to obtain liquor license. It has not been disputed that FIR- 2/dt.20/07/2007 for offence punishable U/s 58 (c) read with S.19/54 of Rajasthan Excise Act was registered against petitioner, which he failed to disclose at the relevant point of time, while he submitted application seeking license, and when this fact came to the notice of respondents, show cause notice was served upon the petitioner and his license was cancelled for non-disclosure of material information vide order dt.12/03/09 (Ann.3)- against which appeal-1/2009 preferred before Commissioner (Excise) was dismissed vide order dt.08/07/09. As a result of cancellation of liquor license, an independent order was passed CW 12033/09 //2// on 15/07/09 forfeiting earnest money & security deposited by petitioner. Counsel submits that show cause notice was served upon petitioner only for the reason that he failed to disclose that case (supra) was registered and pending against him, which cannot be considered to be sufficient for forfeiting earnest money & security. Submission made by Counsel is of no substance for the reason that a person against whom case is registered under Excise Act was required to disclose in Cols. (ii) & (v) of application submitted for seeking liquor license and having failed to do so, certainly disqualifies him to obtain and continue with the license. Indisputably, a criminal case under the Excise Act was registered and pending against the petitioner on the date while he submitted application seeking liquor license, wherein the fact was required to be disclosed and failure to do so, certainly disqualifies him to obtain liquor license; as such the respondents have rightly taken decision vide order impugned forfeiting earnest money & security deposited by the petitioner. This court does not find any manifest error being committed warranting interference. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p2/12033CW2009-Mar12-Ds.doc