01Facts
The petitioners, existing liquor licensees in Rajasthan, challenged the constitutional validity of Clauses 2.2.6, 2.2.7, and 2.2.8 of the Rajasthan Excise & Temperance Policy 2025–2029.
¶ 3.6The new policy introduced a "cluster" system (grouping 1–5 shops) and mandated that renewal of individual licenses in a district was contingent upon at least 70% of eligible licensees in that district applying for renewal.
¶ 3.1, 3.3If the 70% threshold was not met, or if any shop within a cluster remained unrenewed after a "limited tender" period, the entire cluster/district was subject to fresh e-auction.
¶ 3.3The petitioners, despite applying for renewal and paying fees, had their applications cancelled because their respective clusters or districts failed to meet these collective criteria.
¶ 3.4, 3.502Issues
i.1. Whether Clauses 2.2.6, 2.2.7, and 2.2.8 of the Excise Policy 2025-2029 are arbitrary, discriminatory, and violative of Article 14 of the Constitution by making an individual's renewal dependent on the conduct of third parties.
¶ 4.3ii.2. Whether the State’s power to regulate the "exclusive privilege" of liquor trade is subject to judicial review under Article 226 despite the absence of a fundamental right to such trade.
¶ 4.1, 4.2iii.3. Whether an existing licensee has a vested right to renewal under the Rajasthan Excise Act, 1950.
¶ 5.2, 6.5.303Law Applied
The Court applied the principle that while there is no fundamental right to trade in liquor (res extra commercium), State action must still satisfy the test of non-arbitrariness under Article 14.
¶ 4.1.2, 6.3.3The Court relied on Khoday Distilleries Ltd. v. State of Karnataka, establishing that the State holds "exclusive privilege" over intoxicants and can create a monopoly or impose restrictive conditions.
¶ 4.2.1, 6.3.2It further applied Section 37 of the Rajasthan Excise Act, 1950, which stipulates that no person has a claim to the renewal of a license.
¶ 5.2, 6.5.3The "Doctrine of Estoppel" was also noted, as petitioners participated in the renewal process after signing undertakings to abide by the policy terms.
¶ 5.7, 6.6.2Provisions in the judgment · 1 · Linked ones open on LawLens
rajasthan excise act, 1950 Section 37
04Reasoning
The Court reasoned that since the liquor trade is a regulated privilege rather than a fundamental right, the State possesses wide latitude in framing excise policies to optimize revenue and prevent illegal trade in "fallow" areas.
¶ 6.3.1, 6.3.4The Court found that the 70% district-wide threshold and the cluster mechanism were rational policy choices aimed at administrative stability and ensuring that non-viable shops are not left unregulated while only profitable ones are renewed.
¶ 6.4.1, 6.5.2It rejected the argument of "economic coercion," stating that renewal is voluntary and subject to prescribed conditions that apply uniformly to all licensees.
¶ 6.4.1, 6.5.2The Court emphasized that it cannot substitute its wisdom for that of the executive in fiscal and regulatory matters.
¶ 6.3.5, 6.7.1Additionally, the Court held that petitioners were estopped from challenging the policy after participating in the process and failing to secure a favorable outcome.
¶ 6.6.2, 6.6.305Holding
The High Court dismissed the writ petitions, holding that the impugned clauses of the Excise Policy 2025–2029 are neither arbitrary nor unconstitutional.
¶ 6.7, 7The Court answered that there is no fundamental or vested right to the renewal of a liquor license.
¶ 6.3.1, 6.5.3The State’s implementation of the cluster system and percentage-based renewal thresholds was found to be a valid exercise of regulatory power with a rational nexus to revenue protection.
¶ 6.4.3, 6.7All pending applications were disposed of accordingly.
¶ 7Original Court PDF
Jamana W/o Jetha Ram v. State of Rajasthan & Ors. [2026:RJ-JD:9742-DB]
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