Disposed

Abhijit Bhimrao Pawar v. the State of Maharashtra Th Rprincipal Secretary and Ors.

Bombay HC28 Aug 2024WP/4362/2023

Case brief

AI extract

What is this about?

Writ petition seeking remand of an excise revision order passed during Covid-19 via video conferencing, where documents could not be physically submitted. The court quashed the revision order and remanded the matter to the Minister for State Excise for fresh consideration with hearing.

What did the court decide?

Impugned order dated 10 January 2022 quashed; matter remanded to Minister for State Excise for fresh consideration after opportunity of hearing.

Abhijit Bhimrao Pawar Vs the State of Maharashtra Th… — Writ and Judicial Review | Bombay HC (2024)

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2024:BHC-AS:35034

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24-WP-4362-23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4362 OF 2023.

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Abhijit Bhimrao Pawar Versus

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The State of Maharashtra and Ors.

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...Petitioner.

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...Respondents.

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Smt. Veena Thadhani a/w. Ms. Bharti Nyaynirgune and Ms. Rutuja Gaikwad i/b Mr. Anil Nagwani for the Petitioner. Mr. B. B. Dahiphale, AGP for the Respondent-State.

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——————

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Coram : Sharmila U. Deshmukh, J.

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Date : 28^th August, 2024.

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P. C. :

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1. Learned AGP on instructions submits that the order dated 10^th

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January 2022 was passed during Covid-19 period and hearing was taken through Video Conferencing.

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2. Learned counsel for the petitioner submits that as the hearing

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was through video conferencing documents required for deciding revision could not be tendered physically. She requests for remand so that the relevant documents can be submitted for consideration of the Authority.

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3. It is not disputed that as the hearing had taken place during Covid-19 pandemic through video-conferencing the relevant

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rsk

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24-WP-4362-23.doc

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documents could not be tendered for consideration. It is necessary that fair opportunity be given to the Petitioner to place all necessary documents before decision is taken by concerned Authority.

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4. In light of the above, impugned order dated 10^th January 2022 passed in the Revision Application by the Principal Secretary, State Excise is hereby quashed and set aside. Matter is remanded to the file of the Hon’ble Minister for State Excise to be considered afresh after giving an opportunity of hearing to all the parties. Considering that the matter is remanded, Hon’ble Minister is requested to decide the same expeditiously.

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5. Petition is disposed of. In view of disposal of petition, Interim/Civil Applications, if any, do not survive for consideration and stand disposed of.

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[Sharmila U. Deshmukh, J.]

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rsk

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Signed by: Rajeshwari S. Karve Designation: PA To Honourable Judge Date: 31/08/2024 14:18:02

Abhijit Bhimrao Pawar v. the State of Maharashtra Th Rprincipal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Abhijit Bhimrao Pawar v. the State of Maharashtra Th Rprincipal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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