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2011 Supreme(Bom) 569

A.A.SAYED, P.B.MAJMUDAR
Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar Karkhana Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:D.B. Sawant for Petitioners (in writ petitions at Sr. Nos. 1 to 43) and in some writ petitions i/by Bharat Shah & Co., A.A. Kumbhakoni with A.M. Kulkarni, Vishal Thadani i/by Ms. V.B. Thadani, Ms. Chandana Salgaonkar-Radia, Advocates.
For the Respondent:Ms. Neha Palshikar-Bhide “B” Panel Counsel with S.N. Patil, Advocates.

Judgment :

PER A.A. SAYED, J.

1. At the request of Ld. Counsel for the parties, writ petition nos. 3814/09, 10497/09, 6783/10, 6785/10, 9098/09, 3783/04, 3596/04 and 7181/2009 are also taken on Board. Rule in all the petitions, where rule has not been issued and by consent heard finally along with the other petitions. The learned counsel for the State waives notice on behalf of the respondents.

2. The above bunch of petitions filed under Article 226 of the Constitution of India question the legality and validity of Rule 19 of the Bombay Molasses Rules, 1955/Rule 5 of the Bombay Rectified Spirit (Transport in Bond) Rules, 1959/Rule 50 of the Bombay Denatured Spirit Rules, 1957, to the extent they levy/impose transport fee/administrative fee in relation to the transport of molasses/rectified spirit/extra neutral alcohol/silent spirit/denatured spirit. The said Rules are framed in exercise of powers under The Bombay Prohibition Act, 1949.

3. The petitioners are producers/manufacturers/users/sellers/purchasers etc. of molasses/rectified spirit/extra neutral alcohol/silent spirit/denatured spirit and hold various licences for production/manufacture/possession/ use /storage /sale/purchas



























































































































































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