Vaibhav Digambar Taware vs the Collector of Pune State Excise Dept and Ors. — Bombay HC (2025) — LawSathi Research

Vaibhav Digambar Taware vs the Collector of Pune State Excise Dept and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final disposal of the Petition upon agreed payment of Rs. 1,50,000/- to the Respondents as a penalty fixed by the Court, payable within three weeks, bringing to an end the uncertainty of the long-pending suspension proceedings.

Issue for consideration

Disposal of the Petition impugning the temporary suspension of the Petitioner's premises (imposed pursuant to a tempo carrying alcohol being found during prohibition under the electoral model code of conduct), in circumstances where no final action had been taken for nearly one-and-a-half years despite the stay having been lifted. +1 more

Court's answer

Upon the Petitioner's advocate confirming instructions to agree, the proceedings are finally disposed of on the Court directing payment of Rs. 1,50,000/- as a penalty fixed by the Court, such payment to be made to the Respondents within three weeks.

Ratio / Principle

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on the Court's website.

Key takeaways

The penalty amount was suggested in excess of those set out in the precedents cited, in view of the nature of the facts involved, in particular the timing of conduct of elections in the locality.obiter¶22

Detailed headnote1 paragraphs

Bombay High Court (Sundaresan, J.), Writ Petition No. 4956 of 2024 (decided November 25, 2025): A writ petition by the proprietor of M/s. Vaibhav Wines impugning a temporary suspension of his excise premises — imposed by order dated March 13, 2024 after a tempo carrying alcohol was found during prohibition under the electoral model code of conduct, with the tempo driver attributing the transport to the Petitioner — was finally disposed of without adjudication on merits. The Commissioner of State Excise had stayed the suspension the next day (printed as March 14, 2025; elsewhere March 14, 2024) and the stay was lifted on review on March 22, 2025; yet nearly one-and-a-half years on, no final action had been taken dehors the stay, apparently under the misconception that the stay precluded action. On the Petitioner's request, following precedent in other cases, the Court fixed Rs. 1,50,000/- — in excess of the amounts in the precedents cited, given the nature of the facts, particularly the timing of local elections — as penalty payable to the Respondents within three weeks, and directed that all actions pursuant to the order be taken on receipt of a downloaded copy from the Court's website. No statute sections were cited and the 'precedents cited' are referenced only generically, without case names or citations.

25-WP-4956-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4956 OF 2024

Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2025.11.25 21:17:17 +0530

Vaibhav Digambar Taware (M/s. Vaibhav Wines) …Petitioner Versus 1. The Collector of Pune, State Excise Department 2. The Commissioner State Excise, 3. The State Of Maharashtra ... Respondents

Ms. Veena Thadhani a/w. Ms. Rutuja Gaikwad, for Petitioner.

Mr. P. G. Sawant, AGP, for Respondent-State.

CORAM : SOMASEKHAR SUNDARESAN, J. Date : November 25, 2025

ORDER :

This Petition impugns an order of suspension that had been imposed on the Petitioner pursuant to a tempo carrying alcohol being found during the period in which prohibition had been imposed pursuant to the electoral model code of conduct. It is the case of the Respondents that the tempo driver attributed the transport of the alcohol to the Petitioner and that formed the basis of a temporary suspension of the Petitioner’s premises by an order dated March 13,

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The very next day, on March 14, 2025, the Commissioner of State Excise stayed the suspension. Thereafter, on March 22, 2025, the stay order by the Commissioner of State Excise was lifted upon a review of the matter. It is the case of Learned Advocate for the Petitioner that despite the stay on March 14, 2024, the premises had remained closed and the Petitioner has already suffered.

On the last occasion, Learned AGP was asked to take instructions as to what final action has been taken dehors the stay on the temporary suspension, since nearly one and half years have passed since the passing of the temporary suspension and the proceedings have remained hanging. It is stated that no action has been taken till date, perhaps under the misconception that the stay of the temporary suspension precludes any action being taken.

The Advocate for the Petitioner submits that following the precedent in other cases, this Court may be pleased to fix a monetary amount which shall be paid as a penalty in disposal of this Petition so that the uncertainty caused with the proceedings comes to an end.

After the matter was argued for some time, it was put to the

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Petitioner that if the Petitioner would be willing to submit to an order directing payment of Rs. 1,50,000/-, the proceedings could be disposed of by accepting such

amount as a penalty fixed by this Court. The amount involved is being suggested by me in excess of those set out in the precedents cited, in lieu of the nature of the facts involved, in particular, the timing of conduct of elections in the locality. After taking instructions, advocate for the Petitioner has instructions to agree to payment of Rs. 1,50,000/- in lieu of which the proceedings could be finally disposed of. Such payment shall be made to the Respondents within a period of three weeks from today.

The Petition is finally disposed of in the aforesaid terms.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

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