M/S. Atharv Intertrade Pvt. Ltd vs The State Of Maharashtra Through ...
2022 Latest Caselaw 2847 Bom

                                                                         915-ASWP-299-2021-GROUP.DOC




                              Shiv
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                            WRIT PETITION NO.3133 OF 2022

                              Siddhi Sugar and Allied Industries Ltd                    ...Petitioner
                                    Versus
                              The State of Maharashtra & Ors                         ...Respondents

                                                            WITH
                                            WRIT PETITION NO.9545 OF 2019

           Digitally signed   Swaraj India Agro Ltd                                     ...Petitioner
HEMANT
           by HEMANT
           CHANDERSEN              Versus
           SHIV
CHANDERSEN
SHIV       Date:              The State of Maharashtra & Ors                         ...Respondents
           2022.03.24
           18:01:59
           +0530
                                                            WITH
                                            WRIT PETITION NO.9289 OF 2019

                              Dwarkadhish Sakhar Karkhana Ltd                           ...Petitioner
                                   Versus
                              The State of Maharashtra & Ors                         ...Respondents

                                                            WITH
                                            WRIT PETITION NO.3131 OF 2022
                              Harsco India Pvt Ltd                                      ...Petitioner
                                   Versus
                              The State of Maharashtra & Ors                         ...Respondents

                                                            WITH
                                            WRIT PETITION NO.3129 OF 2022

                              Bhalkeshwar Sugars Ltd                                    ...Petitioner
                                    Versus



                                                           Page 1 of 3
                                                        23rd March 2022
                                            915-ASWP-299-2021-GROUP.DOC




The State of Maharashtra & Ors                         ...Respondents

                              WITH
             WRIT PETITION NO.3128 OF 2022


Nirani Sugars Ltd                                         ...Petitioner
      Versus
The State of Maharashtra & Ors                         ...Respondents

                              WITH
             WRIT PETITION NO.2907 OF 2020

Atharv Intertrade Pvt Ltd                                 ...Petitioner
     Versus
The State of Maharashtra & Ors                         ...Respondents

                              WITH
             WRIT PETITION NO.3113 OF 2020


KPR Sugar Mill Ltd                                        ...Petitioner
     Versus
The State of Maharashtra & Ors                         ...Respondents


Mr D B Sawant, with Vinayak R Salokhe for the Petitioner in all
     Petitions.
Mr P P Kakade, GP with A I Patel Addl GP for the State/Respondent
     in WP No 3133/2022.
Mr R P Kadam, AGP for the Respondent in WP No 9545/2019.
Mr K S Thorat, AGP for the Respondent in WP No 9289/2019.


                    CORAM         G.S. Patel &
                                  Madhav J. Jamdar, JJ.

                    DATED:        23rd March 2022




                          23rd March 2022
                                               915-ASWP-299-2021-GROUP.DOC




PC:-

1. These matters appeared to be covered by the Division Bench decision of this Court in Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar Karkhana Ltd Solapur vs State of Maharashtra and Others1 decided on 6th May 2011. This was noted by another Division Bench in similar matters (Writ Petition No 4880 of 2018, Writ Petition No 4881 of 2018 and Writ Petition No 4882 of 2018) by an order of 20th April 2018.

2. Accordingly, we granted interim relief in these Petitions also in terms of prayer clause (b) which reads thus:

"(b) Pending the hearing and final disposal of the petition, the Respondents, their officers, employees or anybody claiming through them, be restrained from recovering any fee for issue of transport pass under Rule 19 of the Bombay Molasses Rules 1955."

3. We note that the Bombay High Court judgment has been carried higher. An SLP filed by the State of Maharashtra is pending before the Supreme Court.

(Madhav J. Jamdar, J) (G. S. Patel, J)

12011 (3) ALL MR 852

23rd March 2022