Bombay High Court
M/S.Espee Wines,Thr.Its Prop. ... vs State Of Maharashtra & 2 Ors on 6 July, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION N0. 1318/2002
1) M/s Espee Wines
Through its Proprietor
Shamsunder Vishwanath Bagade
328, Ward No.23
Near Vasant Talkies, Amravati.
2) Mohini Wines
Through its Proprietor
Mohanlal Surajmal Agrawal
Jawahar Gate, Mochi Galli, Amravati.
3) M/s Wines Centre
Through its Proprietor
Anandkumar Gulabchand Bhamore
Plot No.3, Bapat Chowk, Amravati.
4) M/s Khandelwal Wines
Through its Proprietor
R.G. Khandelwal
Maltekadi Road, Amravati.
5) Moonlight Restaurant
Through Its Proprietor
Harikishor Kanaiyyalal Jaiswal
Old Motor Stand, Morshi, Dist. Amravati.
6) M/s Prem Wine Shop
Through Its Proprietor
Sumitra H. Jaiswal
Morshi, Dist. Amravati.
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7) M/s Wasudeo Asaram Ramavat
Through its Partner
Arvind Kumar Bhamore
at Rajapeth, Amravati.
8) Pruthwipal J. Jaiswal
Jawahar Gate, Amravati.
9) P.P. Deshmukh
Walgaon, Dist. Amravati.
10) Om Wine Centre
Through its Proprietor
O.N. Jaiswal
Dist. Amravati.
11) M/s Anjaya Wine Mart,
Through Its Proprietor
N.B. Jaiswal,
Paratwada, Dist. Amravati.
12) Durga Wine Shop
Through Its Proprietor
P.N.Jaiswal, Dist. Amravati.
13) Navneet Wine Bar
Through Proprietor
Shri N B Jaiswal
Tah. & Dist. Amravati.
14) Konark Wine Bar
Through Its proprietor
P.N. Jaiswal, Paratwada
Dist. Amravati.
15) M.J. Gulhane
Through Proprietor
Tah & Dist. Amravati. ..PETITIONERS.
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VERSUS
1) State of Maharashtra
Through its Secretary
Ministry of Prohibition and Excise
Mantralaya, Mumbai-32.
2) The Commissioner of State Excise
Maharashtra State
Old Custom House, Second floor,
Mumbai -23,
3) The Collector, Amravati.
Dist. Amravati. ..RESPONDENTS
.
...................................................................................................................
Mr.Rohit Vaidya, h/for Mr Anand Parchure,
Advocate for the petitioner
Mr. V.P. Maldhure, Assistant Government Pleader for
respondents
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CORAM:R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 06 th
July, 2017
ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)
Country liquor and foreign liquor licenses of the petitioners
were renewed for the period of five years from 29.01.1999, as per the
policy of the State Government contained in the notification issued on
29.01.1999 under clause (a) of Rule 4 of the Maharashtra Potable Liquor
(Periodicity and fees for grant, renewal or continuance of License) Rules,
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1996. The period of five years expired on 31.03.2006. Before expiry of
the said period, the policy was revised by issuing notification dated
10.01.2002 under the aforesaid provision which is made applicable to
the licenses issued or renewed or for continuance, as the case may be
for a term of five years, for remainder of the term of such licenses.
Accordingly, the petitioners were issued a notice dated 23.03.2002 to
get their licenses renewed every year upon payment of license fees
prescribed for that purpose.
2. The petitioners have, under protest, paid the license fees as
demanded by the impugned order and they got their licenses renewed.
This practice is continued since then.
3. The change in the policy of the Government as per the
notification dated 10.01.2002 cannot be questioned. The policy would
have legitimately operated prospectively without affecting the previous
renewal. Be that as it may, the period of five years expired on
31.03.2006. The petitioners have been getting their licenses renewed
every year upon payment of license fees. We therefore do not find any
reason to interfere in the impugned order. The Writ Petition is
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dismissed. No costs.
JUDGE JUDGE
sahare
