// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9452/2008 Smt. Seema Shekhawat W/o Shri Kripal Singh Versus The state of Rajasthan and Others Date of Order ::: 08.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sumer Singh, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. This writ petition, on behalf of the petitioner, is directed against the impugned order dated 29th August, 2008 passed by the District Excise Officer, Jaipur City, suspending the license of the petitioner for one month (30 days) while exercising powers under Section 34 of the Rajasthan Excise Act. The grievance of the petitioner is that before passing the impugned order no notice was given to him, therefore, the order has been passed in violation of the principles of natural justice and on this ground alone the impugned order is liable to be set-aside. I have examined the impugned order in the light of the submissions of the learned // 2 // counsel for the petitioner and I find that there is a reference in the impugned order that a notice dated 25th July, 2008 was given to the petitioner for hearing on 26th July, 2008. A copy of the notice has also been annexed by the petitioner with the writ petition. Therefore, it is clear that the order has been passed after serving a notice on the petitioner. Apart from the above, it is also relevant to mention that the impugned order passed under Section 34 of the Act is appealable under Section 9-A of the Act and normally the writ petition is not entertained where an alternative remedy is available to the petitioner. In the present case, an alternative remedy by way of statutory appeal is available to the petitioner. In view of the above, I do not find any merit in this writ petition and the same is accordingly dismissed in limine. It is needless to mention that in case an appeal is preferred by the petitioner then it is expected from the appellate authority to hear and decide the same in the shortest time keeping in view the period of suspension of the license. (Narendra Kumar Jain) J. //Jaiman//