1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1070/08 (Arjun Singh Vs. State of Raj. & Ors.) Date of order : 12.02.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. T.S. Champawat, for the petitioner. Mr. M.R. Singhvi, for the respondents. Issue notice. Mr. M.R. Singhvi, learned counsel accepts notice on behalf of respondents. Hence service is completed. With the consent of both the learned counsel for the parties, the case is finally decided at admission stage. Heard learned counsel for the parties. By way of filing the present writ petition, the petitioner has challenged the order dated 2 08.02.2008 (Annxure-7) passed by District Excise Officer, Pali whereby the license granted in favour of the petitioner was cancelled. According to Section 9-A of the Rajasthan Excise Act, 1950, there is a provision of filing appeal before the Excise Commissioner against the order passed by District Excise Officer. Thus, when statutory remedy is available to the petitioner, therefore, I am not inclined to interfere in the matter while exercising power under Article 227 of the Constitution of India. Accordingly, the writ petition is dismissed on the ground of availability of alternate remedy by way of filing appeal before Excise Commissioner. However, it is contended by learned counsel for the petitioner that on one hand on 8.2.2008, the license of the petitioner was cancelled and on the same day, a notification was issued for granting fresh license. Thus, it is submitted that if the license of the liquor shop in question will be granted in favour of any other person in pursuance of the said notification, then, the right of the petitioner to file appeal will be frustrated. In these circumstances, the petitioner may file his appeal before the Excise Commissioner within 3 a period of five days from today. Upon filing the said appeal, the appellate authority shall decide the same within 15 days thereafter. In the meantime, for a period of three weeks, the auction proceedings for granting license of liquor shop in question shall not be initiated/finalized in pursuance of the notification dated 8.2.2008. (GOPAL KRISHAN VYAS), J. arun