Bombay High Court
Vandana Distilieries Pvt. Ltd vs State Of Maharshtra And Ors on 16 June, 2023
Bench: G. S. Kulkarni, Rajesh S. Patil
2023:BHC-OS:5215-DB
202-wp 1236-04.odt
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1236 OF 2004
Vandana Distilleries Pvt. Ltd. & Anr. ..Petitioners
Vs.
The State of Maharashtra & Ors. ..Respondents
__________
Mr. Rahul Jain i/b. Alpha Chambers for the Petitioners.
Smt. P. H. Kantharia, GP for State.
__________
CORAM : G. S. KULKARNI &
RAJESH S. PATIL, JJ.
DATE : JUNE 16, 2023
P.C.:
1. This petition, which is of the year 2004, was filed praying for the
following substantive reliefs:-
"(a) for an order and declaration of this Hon'ble Court that the
purported levy of transport fees on the Petitioners under the
provisions of Rule 5 of the said Rules is ultra vires, illegal,
constitutional and without authority of law and therefore void;
(b) that this Hon'ble Court be pleased to issue a writ of Certiorari
or a writ in the nature of Certiorari, or any other appropriate writ,
order or direction under Article 226 of the Constitution of India
calling for the notification dated 12th July, 1999 (Ex-"C" hereto) and
after ascertaining the legality thereof to quash and/or set aside the
same;
(c) that this Hon'ble Court be pleased to issue a writ of
Mandamus or a writ in the nature of Mandamus, or any other writ,
order or direction under Article 226 of the Constitution of India
directing the Respondents to forthwith refund to the Petitioners the
amounts collected from them as and by way of transport fees between
12th July, 1999 and 15th January, 2004 as listed in Exhibit-"E" hereto.
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(d) that the Respondents be restrained by an order and permanent
injunction of this Hon'ble Court from in any manner whatsoever
imposing or levying any transport free on the Petitioners under the
provisions of Rule 5 of the said Rules;
(e) that pending the hearing and final disposal of the petition the
Respondents be restrained by an order and injunction of this Hon'ble
Court from in any manner whatsoever imposing or levying any
transport free on the Petitioners under the provisions of Rule 5 of the
said Rules."
2. On the earlier occasion when the proceedings were listed before the
Court on 09 June, 2023, on behalf of the petitioners, it was stated that the
issue in the present proceedings would stand cover by the decision of this
Court in Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar
Karkhana Ltd. vs. State of Maharashtra & Ors. 1. To enable Ms. Kantharia,
learned GP to take instructions, the proceedings were adjourned for today.
3. We have perused the decision of the Division Bench of this Court in
Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar Karkhana
Ltd. vs. State of Maharashtra & Ors. (supra). We are of the opinion that
the challenge, as raised by the petitioners and as seen from the prayers as
noted by us above, is covered by the said decision of the Supreme Court.
We accordingly allow this petition in terms of the judgment and order
passed in Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar
1 2011 SCC OnLine Bom. 616
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Karkhana Ltd. vs. State of Maharashtra & Ors. (supra).
4. Disposed of in the above terms. No costs.
[RAJESH S. PATIL, J.] [G. S. KULKARNI, J.]
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16 June, 2023
