The Prohibition Excise ... vs Toddy Tappers Cooperative ...
2021 Latest Caselaw 4315 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.134 of 2010


JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The present writ appeal is arising out of an order

dated 14.09.2009 passed by the learned Single Judge in

W.P.No.18273 of 2009.

      The facts of the case reveal that the writ petition

was preferred by the writ petitioner/respondent herein

for issuance of a direction to the respondents

therein/appellants herein to send one sample of the

toddy, which was seized on 10.08.2009, to an

independent laboratory i.e., Institute of Preventive

Medicine Public Health Laboratory. The learned Single

Judge has passed an order directing the writ

petitioner/respondent herein to submit an application

and the respondents therein/appellants herein were

directed to send the sample to the Institute of Preventive

Medicine Public Health Laboratory.

The order was passed by the learned Single Judge

in the year 2009 and no interim order was granted by

this Court.

In the considered opinion of this Court, there was

only an order to send the sample to the independent

laboratory. After expiry of ten years, this Court does not

find any reason to interfere with the order passed by the

learned Single Judge.

The writ appeal is accordingly dismissed. The

miscellaneous applications pending in this writ appeal, if

any, shall stand closed. There shall be no order as to

costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ N. TUKARAMJI, J 13.12.2021 vs