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2021 Supreme(Guj) 1007

R.M.CHHAYA, BIREN VAISHNAV
GUJARAT ALCOHOL BASED IND DEVLOP ASSO (GABIDA) – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MS DHARMISHTA RAVAL ADVOCATE
For The Respondent: MS MANISHA L SHAH, GOVERNMENT PLEADER with MS AISHWARYA GUPTA, AGP.

JUDGMENT :

BIREN VAISHNAV, J.

1. This Appeal under Clause 15 of the Letters Patent arises out of CAV Judgment of the learned Single Judge dated 14.06.2010 passed in Special Civil Application No.1837 of 2000, whereby, the learned Single Judge dismissed the Petition of the Appellants - Petitioners herein. (hereinafter the Appellants for the sake of convenience shall be referred to as the “Petitioners”)

2. The Petitioners, Gujarat Alcohol Based Industries Development Association approached this Court in a petition under Article 226 of the Constitution of India for the following prayer:

    “12(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ of prohibition or any other appropriate writ, or order direction quashing and setting aside the (i) Bombay Denatured Spirit (Gujarat Amendment) Rules, 1999 notified vide notification dated 24.12.99 (ii) Gujarat Industrial Alcohol (Import, Storage, Sale for export, overseas, in Bond) (Ahmedabad) Rules, 1999 notified vide notification dated 4.11.99 (3) Bombay Rectified Spirit (Gujarat Amendment) Rules, 1999 notified vide notification dated 24.12.99 (4) Gujarat Denatured Spirituous Preparation (Amendment) Rules, 1999 notified vide notif

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