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Court Judgment

Bombay High Court 10 Jan 2018
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M/S Shri. Sai Enterprises Thr. ... vs The State Of Maharashtra Thr. Joint ... on 10 January, 2018
Case Number WRIT PETITION No. 5946/2017
Bench Principal Seat
Tags state of maharashtra
Analysis pending · Full text available
विश्लेषण प्रलंबित — पूर्ण मजकूर खाली उपलब्ध आहे. The AI-generated summary and rule-linking for this judgment is queued; the full text is below.
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Judgment wp5938.17

 1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 NAGPUR BENCH, NAGPUR.

 WRIT PETITION Nos.5938, 5945, 4675, 5946, 5947, 5949, 
 5990, 5991, 5992, 5993, 5994, 5995, 5996, 
 5997, 5998, 6000, 6001, 6002 & 6297 OF 2017.

 ............

(1) WRIT PETITION No.5938/2017.
 
 M/s. Dewaki Traders, through
 its Partner Ashok s/o Shivlal
 Jaiswal, Aged about 58 years,
 Occupation - Business, resident
 of Jawahar Ward, Umerkhed,
 District Yavatmal. ....PETITIONER

 VERSUS

 1. State of Maharashtra,
 through the Joint Secretary,
 Home Department/Excise-3,
 Mantralaya, Mumbai.

 2. The Collector, Yavatmal City,
 Yavatmal.

 3. The Superintendent of State Excise,
 having its office at the Collectorate
 Yavatmal. ....RESPONDENTS
 .

WITH

(2) WRIT PETITION No.5945/2017.

1. Maharashtra Rajya Daru Vikreta
 Mahamandal, bearing Registration

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 No. HO.IIID-9456, having its 
 Registered office at 7th & 8th 
 Ghaswala Building, Opp. Wadala
 Udyog Bhavan, G.D. Ambekar Marg,
 Dadar (E), Mumbai 400 014,
 through its Secretary and authorized
 Signatory Shri Sahil s/o Devendra Jaiswal, 
 Aged about 36 years,
 Occupation - Business, r/o. 07, Aradhana 
 Nagar, New Dighori, Nagpur.

2. Arvind Jivan Dhavangale, 
 Aged about 55 years,
 Occupation - Business, r/o. Takli,
 Hingna Road, Nagpur.

3. Vishal Deepak Devsinghaniya, 
 Aged about 32 years,
 Occupation - Business, r/o. Tea Point,
 Wadi, Nagpur.

4. Gopal Tejram Kanhere, 
 Aged about 62 years,
 Occupation - Business, 
 r/o. Mahadula, Nagpur. ....PETITIONERS

 VERSUS

1. State of Maharashtra,
 through the Joint Secretary,
 Home Department/Excise-3,
 Mantralaya, Mumbai.

2. The Commissioner of State Excise,
 Old Custom House, Madam Cama Road,
 Mumbai.

3. The Collector, Nagpur City,
 Nagpur.

4. The Collector, Bhandara City,

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 Bhandara.

5. The Collector, Yavatmal City,
 Yavatmal.

6. The Collector, Washim City,
 Washim.

7. The Collector, Akola City,
 Akola.

8. The Collector, Gondia City,
 Gondia.

9. The Collector, Amravati City,
 Amravati.

10. The Superintendent of State Excise,
 having its office at the Collectorate
 Civil Lines, Nagpur. ....RESPONDENTS
 .

 ----------------------------------- 
 Mr. S.P. Dharmadhikari, Senior Advocate with
 Mr. D.V. Chauhan, Advocate for Petitioners.
 Mr. M.G. Bhangde, Senior Advocate with Ms. N.P. Mehta, 
 Asstt. Govt. Pleader for Respondents.
 ------------------------------------

WITH

(3) WRIT PETITION No.4675/2017.
 
 Rammanohar s/o Nandkishor
 Jaiswal, Aged about 64 years,
 Occupation - Business of Country
 Liquor Shop, having licence 
 No. CL/III/203/16-17, Phalli Market,
 Katol, Tahsil Katol, District Nagpur
 (Maharashtra State) and r/o. Saraswathi
 Nagar, Katol, Tahsil Katol,
 District Nagpur. ....PETITIONER

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 VERSUS

1. State of Maharashtra,
 through the Secretary,
 Department of State Excise,
 Mantralaya, Mumbai 400001
 (Maharashtra State).

2. The Commissioner of Excise,
 State of Maharashtra,
 Mumbai.
 (Maharashtra State).

3. Collector, Nagpur.
 (Maharashtra State).

4. The Superintendent of State Excise,
 Nagpur,
 (Maharashtra State).

5. Assistant Engineer Grade-I
 Public Works Sub Division, Katol
 Tahsil Katol, District Nagpur.
 (Maharashtra State).

6. Chief Officer, Nagar Parishad, Katol,
 Tahsil Katol, District Nagpur.
 (Maharashtra State). ....RESPONDENTS
 .

 ----------------------------------- 
 Mr. H.D. Dangre, Advocate for Petitioners.
 Mr. M.G. Bhangde, Senior Advocate with Ms. N.P. Mehta, 
 Asstt. Govt. Pleader for Respondent Nos.1 to 5.
 Mr. M.I. Dhatrak, Advocate for Respondent No.6.
 ------------------------------------

WITH

(4) WRIT PETITION No. 5946/2017.
 
 M/s. K.K. Tranders,

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 Through its Proprietor Satish s/o 
 s/o Bhagwanlal Jaiswal, Aged about 44 years,
 Occupation - Business,
 r/o. Shivaji Ward, Pusad,
 District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Joint Secretary,
 Home Department/Excise-3,
 Mantralaya, Mumbai.

2. Collector, Yavatmal City,
 Yavatmal. 

3. The Superintendent of State Excise,
 Having its office at the Collectorate,
 Yavatmal. ....RESPONDENTS
 .

WITH

(5) WRIT PETITION No. 5947/2017.
 
 Anil s/o Champalal Jaiswal, 
 Aged about 47 years,
 Occupation - Business,
 r/o. Shivaji Chowk, Pusad,
 District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Joint Secretary,
 Home Department/Excise-3,
 Mantralaya, Mumbai.

2. Collector, Yavatmal City,
 Yavatmal. 

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3. The Superintendent of State Excise,
 Having its office at the Collectorate,
 Yavatmal. ....RESPONDENTS
 .

WITH

(6) WRIT PETITION No. 5949/2017.
 
 Amrish s/o Prakash Jaiswal, 
 Aged about 35 years,
 Occupation - Business,
 r/o. Akot, 
 District Akola. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Joint Secretary,
 Home Department/Excise-3,
 Mantralaya, Mumbai.

2. Collector, Yavatmal City,
 Yavatmal. 

3. The Superintendent of State Excise,
 Having its office at the Collectorate,
 Yavatmal. ....RESPONDENTS
 .

 ----------------------------------- 
 Mr. S.P. Dharmadhikari, Senior Advocate with
 Mr. D.V. Chauhan, Advocate for Petitioners.
 Mr. M.G. Bhangde, Senior Advocate with Ms. N.P. Mehta, 
 Asstt. Govt. Pleader for Respondents
 ------------------------------------

WITH

(7) WRIT PETITION No. 5990/2017.
 
 Santosh Sriramlal Jaiswal, 
 Age 48 years, Occupation - Business,
 r/o. Near Bus stand, Malegaon, 

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 Tal. Malegaon, District Washim. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Washim. 

4. Superintendent of State Excise,
 Washim.

5. The State Excise Inspector,
 Washim, District Washim. ....RESPONDENTS
 .

WITH

(8) WRIT PETITION No. 5991/2017.
 
 Ramesh Baijnathlal Jaiswal, 
 Age 57 years, Occupation - Business,
 r/o. Lohar Line, Pusad, 
 Tal. Pusad, District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,

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 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Yavatmal. 

4. Superintendent of State Excise,
 Yavatmal.

5. The State Excise Inspector,
 Pusad, District Yavatmal. ....RESPONDENTS
 .

WITH

(9) WRIT PETITION No. 5992/2017.
 
 Shardabai Jigalkishore Jaiswal, 
 Age 55 years, Occupation - Business,
 r/o. Subhash Chowk, Pusad, 
 Tal. Pusad, District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Yavatmal. 

4. Superintendent of State Excise,
 Yavatmal.

5. The State Excise Inspector,
 Pusad, District Yavatmal. ....RESPONDENTS
 .

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WITH

(10) WRIT PETITION No. 5993/2017.
 
 Sadhana Arun Jaiswal, 
 Age 55 years, Occupation - Business,
 r/o. Infront of Amrai, Pusad, 
 Tal. Pusad, District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Yavatmal. 

4. Superintendent of State Excise,
 Yavatmal.

5. The State Excise Inspector,
 Pusad, District Yavatmal. ....RESPONDENTS
 .

WITH

(11) WRIT PETITION No. 5994/2017.
 
 Gopal Sriram Jaiswal, 
 Age 49 years, Occupation - Business,
 r/o. Old Risod Naka, Washim,
 Tal. Washim, District Washim. ....PETITIONER

 VERSUS

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1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Washim. 

4. Superintendent of State Excise,
 Washim.

5. The State Excise Inspector,
 Washim, District Washim. ....RESPONDENTS
 .

WITH

(12) WRIT PETITION No. 5995/2017.
 
 Rambhau Mahadji Jaiswal, 
 Age 63 years, Occupation - Business,
 r/o. Gurwar Bazar, Risod, 
 Tal. Risod, District Washim. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,

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 Washim. 

4. Superintendent of State Excise,
 Washim.

5. The State Excise Inspector,
 Washim, District Washim. ....RESPONDENTS
 .

WITH

(13) WRIT PETITION No. 5996/2017.
 
 Pushpabai Gurbaksha Ramvani, 
 Age 65 years, Occupation - Business,
 r/o. Near Gorakshan Well, Washim, 
 District Washim. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Washim. 

4. Superintendent of State Excise,
 Washim.

5. The State Excise Inspector,
 Washim, District Washim. ....RESPONDENTS
 .

WITH

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(14) WRIT PETITION No. 5997/2017.
 
 Vinodkumar Kundanlal Jaiswal, 
 Age 50 years, Occupation - Business,
 r/o. Nehru Ward, Pusad, 
 Tal. Pusad, District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Yavatmal. 

4. Superintendent of State Excise,
 Yavatmal.

5. The State Excise Inspector,
 Pusad, District Yavatmal. ....RESPONDENTS
 .

WITH

(15) WRIT PETITION No. 5998/2017.
 
 Ravikumar Jugalkishor Jaiswal, 
 Age 36 years, Occupation - Business,
 r/o. Yeravar Complex, Pusad, 
 Tal. Pusad, District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,

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 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Yavatmal. 

4. Superintendent of State Excise,
 Yavatmal.

5. The State Excise Inspector,
 Pusad, District Yavatmal. ....RESPONDENTS
 .

WITH

(16) WRIT PETITION No. 6000/2017.
 
 Manoj Sriramlal Jaiswal and Jivnani Co, 
 through its Partner,
 Kishor Fatandas Jivnani,
 Age 58 years, Occupation - Business,
 r/o. Raviwar Bazar, Washim,
 Tal. Washim, District Washim. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Washim. 

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4. Superintendent of State Excise,
 Washim.

5. The State Excise Inspector,
 Washim, District Washim. ....RESPONDENTS
 .

WITH

(17) WRIT PETITION No. 6001/2017.
 
 Radhesham Sriram Jaiswal, 
 Age 52 years, Occupation - Business,
 r/o. Luxury Bus Stand, Washim, 
 Tal. Washim, District Washim. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Washim. 

4. Superintendent of State Excise,
 Washim.

5. The State Excise Inspector,
 Washim, District Washim. ....RESPONDENTS
 .

WITH

(18) WRIT PETITION No. 6002/2017.
 

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 Arvind Kanha Naik, 
 Age 72 years, Occupation - Business,
 r/o. Shivaji Chowk, Digras Road, Pusad, 
 Tal. Pusad, District Yavatmal. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Principal Secretary,
 (State Excise) 
 Mantralaya, Mumbai 400 032.

2. The Commissioner of State Excise,
 Maharashtra State, Old Custom House,
 Mumbai 400 023.

3. The District Collector,
 State Excise Department,
 Yavatmal. 

4. Superintendent of State Excise,
 Yavatmal.

5. The State Excise Inspector,
 Pusad, District Yavatmal. ....RESPONDENTS
 .

 ----------------------------------- 
 Mr. V.S. Undre, Advocate for Petitioners.
 Mr. M.G. Bhangde, Senior Advocate with Ms. N.P. Mehta, 
 Asstt. Govt. Pleader for Respondents
 ------------------------------------

WITH

(19) WRIT PETITION No. 6297/2017.
 
 M/s. Shri Sai Enterprises
 through its Partners Rajeev Pyarelal
 Jaiswal, Aged about 45 years, 
 Occupation - Business,
 Digdoh, Tah. Hingna, 

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 District Nagpur. ....PETITIONER

 VERSUS

1. State of Maharashtra,
 through the Joint Secretary,
 Home Department/Excise-3 
 Mantralaya, Mumbai.

2. The Commissioner,
 State Excise, Maharashtra State, 
 Old Custom House, Second Floor,
 Sahid Bhagatsingh Marg, Fort,
 Mumbai.

3. The Collector,
 Nagpur.. 

4. The Superintendent of State Excise,
 Nagpur.

5. Gram Vikas Officer, Gram Panchayat
 Digdoha and Nildoh, Tah. Hingna,
 District Nagpur. ....RESPONDENTS
 .

 ----------------------------------- 
 Mr. S.P. Dharmadhikari, Senior Advocate with
 Mr.D.V. Chauhan, Advocate for Petitioners.
 Mr. M.G. Bhangde, Senior Advocate with Ms. N.P. Mehta, 
 Asstt. Govt. Pleader for Respondent nos. 1 to 4.
 Mr. A.S. Bhendarkar, Advocate for Respondent No.5.
 ------------------------------------

 CORAM : B. P. DHARMADHIKARI &
 MRS. SWAPNA JOSHI, JJ.
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