01Facts
The petitioners, existing licensees of retail liquor shops in Rajasthan, challenged the constitutional validity of Clauses 2.2.6, 2.2.7, and 2.2.8 of the *Excise and Temperance Policy 2025–2029*.
¶ 3Under this new policy, the State introduced a "cluster" system (grouping 1–5 shops) and made the renewal of individual licenses conditional upon: (a) a district-wide renewal rate of at least 70%, and (b) all shops within a specific cluster applying for renewal.
¶ 3.1–3.3The petitioner in the lead case applied for renewal, but because one shop in her assigned cluster remained unrenewed, her application was cancelled, and the cluster was slated for e-auction.
¶ 3.5The petitioners argued these clauses were arbitrary, created "economic coercion" by forcing them to take over non-viable shops to save their own licenses, and violated Article 14.
¶ 4.302Issues
i.1. Whether Clauses 2.2.6, 2.2.7, and 2.2.8 of the Excise & Temperance Policy 2025–2029 are factorially arbitrary or discriminatory under Article 14 of the Constitution.
¶ 3.6 / 6.3.3ii.2. Whether an existing liquor licensee has a vested or fundamental right to the renewal of a license under the Rajasthan Excise Act, 1950.
¶ 4.1 / 6.3.103Law Applied
The Court applied the doctrine that trade in liquor is *res extra commercium*, meaning there is no fundamental right under Article 19(1)(g) to trade in intoxicants; it is a "privilege" exclusively owned by the State.
¶ 6.3.2It relied on *Khoday Distilleries Ltd. v. State of Karnataka* [(1995) 1 SCC 574], which established that while the State has a monopoly, its methods of granting licenses must not be "manifestly arbitrary" under Article 14.
¶ 4.2.1 / 6.3.2Statutory weight was given to Section 37 of the *Rajasthan Excise Act, 1950*, which explicitly states no person has a claim to the renewal of a license.
¶ 5.2 / 6.5.3Provisions in the judgment · 1 · Linked ones open on LawLens
rajasthan excise act, 1950 Section 37
04Reasoning
The Court reasoned that since liquor trade is a regulated privilege rather than a right, the State possesses wide "executive wisdom" to frame policies ensuring revenue optimization and administrative stability.
¶ 6.3.4The 70% district-wide threshold and the cluster-based renewal system were deemed rational mechanisms to prevent "fallow areas" (unserved locations) and avoid the "selective renewal" of only high-profit shops at the cost of State revenue.
¶ 5.9 / 6.4.1The Court rejected the "economic coercion" argument, noting that renewal is voluntary and that the petitioners had signed undertakings accepting the policy's terms when applying.
¶ 5.7 / 6.6.2It further held that linking an individual's renewal to the conduct of the cluster/district is a valid regulatory strategy to ensure comprehensive settlement of all shops.
¶ 6.4.205Holding
The Court dismissed the writ petitions, holding that the impugned clauses of the Excise Policy 2025–2029 are constitutionally valid and do not suffer from manifest arbitrariness.
¶ 7The Court held: (1) there is no fundamental or vested right to the renewal of a liquor license.
¶ 6.7(2) the cluster and percentage-based thresholds are valid exercises of policy power.
¶ 6.7and (3) petitioners who participated in the process with knowledge of its terms are estopped from challenging them upon failing to secure a renewal.
¶ 6.6.3All interim reliefs were vacated.
¶ 7Original Court PDF
Jamana W/o Jetha Ram v. State of Rajasthan & Ors. [2026:RJ-JD:9742-DB]
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