Daund Sugar Pvt. Ltd. , Through Its Distillery Manager vs State Of Maharashtra, Through Principal Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1267

G. S. KULKARNI, JITENDRA JAIN
Daund Sugar Pvt. Ltd. , Through Its Distillery Manager – Appellant
Versus
State Of Maharashtra, Through Principal Secretary – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Adv. Joel Carlos, Mr. Abhijit B. Kadam a/w Mr. Prem Mhatre, Mr Samir Kumbhakoni, Adv Austin Fernendes i/b Denzil D’melloa, Mr Rahul P. Kasbekar a/w Mr. Swaroop Karade i/b Mr Surel S. Shah for Mr Sarang S. Aradhye a/w Ms Gauri Velankar a/w Ms. Shruti Kothavade, Mr Prasannan S. Namboodiri a/w Mr Tejal Darekar a/w Mr Rishabh Sinha, Mr. Shekhar Jagtap a/w. Sairuchita Chowdhary & Mr. Venkatesh Shinde i/b. J. Shekhar & Co., Mr D.B. Savant a/w Mr Vinayak Salokhe a/w Ms Megha Jani a/w Ms Sampada Khanolkar
For the Respondent: Smt. S.D. Vyas, ‘B’ Panel, Mr Advait Sethna

JUDGMENT :

G.S. Kulkarni, J.

1. This is a batch of petitions in which a common challenge has been raised, they are hence being disposed of by this common judgment.

2. The petitioners essentially have prayed for reliefs that Rule 19 of the Bombay Molasses Rules, 1955 (for short “1955 Rules”) and the circulars/notifications issued therein be declared to be ultra vires and unconstitutional. There is a further prayer to assail notification dated 1 November, 2017 issued by the State Government, which is titled as Bombay Mollasses (Amendment) Rules, 2017[*subsequently amended to Re.1/- per metric ton by notification dated 19 June, 2020], by which Rule 19 has been amended in regard to imposition of a levy of Rs.500/- per metric ton for issuance of the permit under Rule 18 for a person desiring to transport molasses.

3. The challenge as mounted by the petitioners emerges from the implementation and actions being resorted by the respondents-State under the 1955 Rules. These are rules which are framed by the State Government in exercise of the powers conferred by Section 143 of the Bombay Pr

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2023 Supreme(Bom) 1267

G. S. KULKARNI, JITENDRA JAINDaund Sugar Pvt. Ltd. , Through Its Distillery Manager – AppellantVersusState Of Maharashtra, Through Principal Secretary – Respondent

Cases Referred (4)

G. S. KULKARNI, JITENDRA JAIN
Daund Sugar Pvt. Ltd. , Through Its Distillery Manager – Appellant
Versus
State Of Maharashtra, Through Principal Secretary – Respondent