Disposed

Bharat Agri Fert and Realty Ltd. v. State of Maharashtra Thr Government Pleader and Ors.

Bombay HC28 Mar 2024WP/4836/2024

Case brief

AI extract

What is this about?

Petitioner challenged a demand of Rs.18,19,125 principal (Rs.28,50,045 with interest) as license fees for 2019-20 to 2022-23, non-payment of which blocked renewal of its liquor sale licence under the Maharashtra Prohibition Act, 1949. The Court directed renewal consideration upon deposit of the principal amount within one week, without prejudice to contentions.

What did the court decide?

Interim direction: petitioner to deposit Rs.18,19,125/- within one week; respondents to consider license renewal in accordance with law and file reply affidavit.

Bharat Agri Fert and Realty Ltd. vs State of… — Writ and Judicial Review | Bombay HC (2024)

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908-WP-4836-2024.DOC

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Ashvini Narwade

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDITION

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WRIT PETITION NO. 4836 OF 2024

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Bharat Agri Fert & Realty Ltd. … Petitioner

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Versus

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State of Maharashtra & Ors. …Respondents

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Mr. Amogh Singh a/w. Mr. Kaustubh Patil for the Petitioner.

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Ms. Shruti D. Vyas, Addl. G.P. a/w. Ms. P. N. Diwan, AGP for RespondentState.

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Digitally signed by ASHVINI ASHVINI BAPPASAHEB BAPPASAHEB KAKDE KAKDE Date: 2024.04.01 18:48:04 +0530

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_______________________ CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATED: 28^th MARCH 2024

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P.C.

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We have heard learned Counsel for the parties. The Petitioner is aggrieved by the communication dated 18^th March 2024, whereby the Respondents have demanded the principal amount of Rs.18,19,125/- from the Petitioner towards the license fees for the periods 2019-20 to 2022-2023. The total amount along with interest is Rs.28,50,045/-. As such amounts are not paid, the Petitioner’s license under the Maharashtra Prohibition Act, 1949 for sale of liquor is not being renewed.

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Considering the facts and circumstances of the case, we are of the opinion that, without prejudice to the rights and contentions of the Petitioner, as a condition for renewal for the said license, the Petitioner needs to deposit

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Page 1 of 2 28^th March, 2024

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908-WP-4836-2024.DOC

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with the Respondents a principal amount of Rs.18,19,125/-, which will be deposited within a period of one week from today. Respondents shall consider the Petitioner’s application for renewal of the license in accordance with law. Respondents are also directed to file reply affidavit in regard to the contentions raised by the Petitioners.

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We shall hear the parties on the issues raised by the Petitioner and make an endeavour to pass appropriate orders at the adjourned date of hearing.

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Needless to observe that the Respondents should also consider the Petitioner’s contention that they are not a 3-star hotel, in view of the letter dated 26^th April 2023 issued by the Ministry of Tourism, Government of India (Exhibit-M, Page-48 of the Petition).

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Stand over to 12^th April 2024 “HOB” .

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(FIRDOSH P. POONIWALLA, J.)

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Page 2 of 2 28^th March, 2024

Bharat Agri Fert and Realty Ltd. v. State of Maharashtra Thr Government Pleader and Ors.

Case brief

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Bharat Agri Fert and Realty Ltd. v. State of Maharashtra Thr Government Pleader and Ors.

Case brief

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What did the court decide?

What the court decided

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