Appellant Permitted to Operate at New Site Pending Final Decision by Single Judge
In a recent development from the Rajasthan High Court, an interim relief has been granted to Devendra Gehlot, allowing him to continue operating his relocated liquor shop. This decision comes amidst an ongoing legal dispute regarding the relocation order issued by the District Excise Officer, Jodhpur. The Division Bench, comprising Justices Farjand Ali and Sunil Beniwal, delivered the judgment on June 12, 2026, in the case of "Devendra Gehlot v. Vaibhav Singh Bhati and Others."
The appellant, Devendra Gehlot, had been granted permission to shift the location of his liquor shop within the same cluster as per the governing excise policy. The relocation was approved by the competent authorities, including the District Excise Officer, after satisfying all statutory requirements. However, the relocation order was challenged by the respondents, leading to an ad-interim stay by a Single Judge in the earlier proceedings.
In the appeal, the Division Bench emphasized the necessity of preserving equities between the parties. The court noted that interim orders should avoid causing disproportionate hardship to any party while the substantive dispute remains under adjudication. The affidavit from the District Excise Officer confirmed that the relocation was within the same cluster, aligning with the excise policy, and had not altered any cluster boundaries or licence entitlements.
The court, mindful of the financial implications for the appellant, decided to allow the continued operation of the liquor shop at the new site until the stay application is conclusively decided by the Single Judge. This arrangement aims to protect the appellant from financial losses while maintaining the authority of the Single Judge to adjudicate the matter independently.
The judgment also highlighted the importance of judicial restraint, ensuring that the appellate court's observations do not infringe upon or pre-empt the pending proceedings before the Single Judge. The court made it clear that the interim relief granted does not reflect any opinion on the merits of the case, which remains open for final adjudication.
The decision provides a temporary resolution, allowing the appellant to carry on his business under the excise licence while awaiting a final decision in the writ petition. The High Court's approach underscores the delicate balance courts must maintain in interim orders to ensure fairness and prevent undue hardship during ongoing legal proceedings.
Bottom line:-
Relocation of liquor shop - Interim relief granted to the appellant to continue operating at the relocated site within the same cluster until the stay application pending before the learned Single Judge is decided.
Statutory provision(s): Excise Law, Interim Orders, Judicial Restraint in Appellate Forum
Devendra Gehlot v. Vaibhav Singh Bhati, (Rajasthan)(DB) : Law Finder Doc id # 2929009
