Facts
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.
Source reference: para 3The new policy introduced a "cluster" system (grouping 1–5 contiguous shops) and made the renewal of individual licenses conditional upon: (a) at least 70% of eligible licensees in a district opting for renewal, and (b) all shops within a specific cluster applying for renewal.
Source reference: para 3.3If these conditions were not met, the shops were liquidated through e-auction.
Source reference: para 3.3The petitioners, despite fulfilling individual eligibility and paying fees, had their renewal applications cancelled because other shops in their assigned clusters remained unrenewed or the district threshold was not met.
Source reference: para 3.5They alleged these clauses were arbitrary and coercive.
Source reference: para 4.3Issues
Whether Clauses 2.2.6, 2.2.7, and 2.2.8 of the Excise Policy 2025-2029 are factorially arbitrary, discriminatory, or violative of Article 14 of the Constitution of India.
Source reference: para 3.6Whether an existing licensee possesses a fundamental or vested right to the renewal of a liquor license under the Rajasthan Excise Act, 1950.
Source reference: para 4.1 / 5.2Law Applied
The Court applied the principle that trade in liquor is res extra commercium, and thus, a citizen has no fundamental right under Article 19(1)(g) to trade in intoxicants, as established in Khoday Distilleries Ltd. v. State of Karnataka.
Source reference: para 6.3.2It further relied on Section 37 of the Rajasthan Excise Act, 1950, which stipulates that no person has a claim to the renewal of a license.
Source reference: para 6.5.3The Court also invoked the doctrine of limited judicial review in policy matters, asserting that executive wisdom in fiscal and revenue-related regulations is generally immune from interference unless it suffers from "manifest arbitrariness."
Source reference: para 6.3.4Finally, the principle of estoppel was applied against petitioners who participated in the renewal process after accepting the policy's terms.
Source reference: para 6.6.2Reasoning
The Court reasoned that since the State holds an "exclusive privilege" over liquor, it has wide discretion to determine the method of settlement to optimize revenue and prevent illegal trade in "fallow areas."
Source reference: para 6.3, 6.5The 70% district threshold and cluster-based requirements were deemed rational policy tools intended to ensure administrative stability and collective participation, rather than arbitrary hurdles.
Source reference: para 6.4.1, 6.4.2The Court dismissed the argument of "economic coercion," noting that renewal is purely voluntary.
Source reference: para 6.5.3, 5.9Critically, the Court found that the petitioners failed to provide empirical evidence of "hostile discrimination," noting that 6,420 out of 7,665 licensees had successfully opted for renewal under the same rules, which demonstrated general policy acceptance.
Source reference: para 5.5, 6.7The Court emphasized that it cannot substitute its own wisdom for that of the executive in matters of revenue rationalization.
Source reference: para 6.7.1Holding
The Court answered the issues in the negative, holding that the impugned clauses are neither arbitrary nor unconstitutional.
It ruled that there is no fundamental right to the renewal of a liquor license and that the cluster mechanism is a valid exercise of State regulatory power.
Source reference: para 6.5.3, 6.7The Court further held that the petitioners were estopped from challenging the policy after having submitted renewal applications under its specific terms.
Source reference: para 6.6.2Consequently, the High Court dismissed the batch of writ petitions, upholding the validity of the Excise & Temperance Policy 2025–2029.
Source reference: para 7Original Court PDF
Jamana W/o Jetha Ram v. State of Rajasthan & Ors. [2026:RJ-JD:9742-DB]
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