Madhya Pradesh High Court
M/S Gwalior Vines Llp. Group Thr. vs The State Of Madhya Pradesh on 7 June, 2021
Author: Prakash Shrivastava
1 WP-7288-2021
The High Court Of Madhya Pradesh
WP-7288-2021
(M/S GWALIOR VINES LLP. GROUP THR. Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 07-06-2021
Heard through Video Conferencing.
Shri Prashant Sharma, learned counsel for the petitioner.
Shri A.P. Singh, learned Deputy A.G. for the respondent/State.
Heard.
The petitioner is aggrieved with the communication dated 25/02/2021
issued by the Excise Commissioner to all the Collectors of the State directing
them to act in accordance with another circular dated 25/02/2021 (enclosed
therewith).
By the circular dated 25/02/2021, it has been stated that the Clause 49
of the Excise Policy for the year 2020-2021 will be applicable to only those
licensees, whose license had continued for the entire year and the same will
not be applicable to those licensees, whose licenses have been discontinued.
Learned counsel appearing for the petitioner submits that the above
direction is contrary to paragraph 128 of the order of the High Court dated
22/07/2020 passed in W.P. 7373/2020. He further submits that the same also
runs counter to the direction of the Hon'ble Supreme Court in SLP (Civil)
No. 10567/2020 dated 18/09/2020 in the case of Alcoactive Retail Traders
Private Limited Vs. State of M.P. , whereby at the time of withdrawing the
SLP, the Competent Authority was directed to consider the application made
in terms of paragraph 128 of the High Court judgment within a time bound
period. He has pointed out that the petitioners application dated 06/10/2020-
Annexure P/17 filed in terms of paragraph 128 of the judgment of the High
Court is still pending and the same has not been decided, therefore, a
direction is required that the application be decided within a time bound
period and the circular dated 25/02/2021 should not come in the way of the
said decision.
Learned counsel for the petitioner has further submitted that though the
2 WP-7288-2021
order dated 16/02/2021 was passed in W.P. No. 2601/2021 but in the light of
the impugned circular dated 25/02/2021, the respondents have closed all the
pending cases without deciding them.
Shri A.P. Singh, learned Deputy A.G. has fairly stated that there is no
objection in deciding the petitioner's application in accordance with law within
a time bound period.
Hence, without expressing any opinion on the merits of the matter, the
present petition is disposed of by directing the Competent Authority to
decide the petitioner's pending application in accordance with law as
expeditiously as possible preferably within a period of six weeks from the
date of receipt of certified copy of this order.
Certified copy as per rules.
(PRAKASH SHRIVASTAVA) (VIRENDER SINGH)
JUDGE JUDGE
skt
SANTOSH KUMAR TIWARI
2021.06.08 15:38:46 +05'30'
