Navi Mumbai Country Liquor Seller Association v. The Commissioner Of State Excise, Maharashtra State And ORS

k 1/2 55 civ wp 1534.15 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.1534 OF 2015 Navi Mumbai Country Liquor Seller Association ..... Petitioner V/s The Commissioner of State Excise & Ors.

..... Respondents Mr. R.D. Soni a/w Mr. Sujay Gawade i/b M/s. Shree & Co. for the Petitioner.

Mr. Manish Pabale, AGP for the Respondent Nos.1 to 4/State. CORAM : A.S. OKA & A.A. SAYED, JJ.

DATED : 10 OCTOBER 2016 ORDER:

Heard the learned Counsel appearing for the Petitioner. The Petition is filed on behalf of the Navi Mumbai Country Liquor Seller Association. The Petitioner has claimed to have filed this Petition on behalf of licence holders (total 51) whose names are appearing in the list Exhibit-A. There is no averment in the Petition that the said 51 alleged members of the Petitioner had expressly authorized the Petitioner to file this Petition on their behalf. There is no resolution produced along with the Petition to show that the said 51 members have in any manner 1/2

k 2/2 55 civ wp 1534.15 as.doc consented to the Petitioner filing the Petition on their behalf. In the circumstances, we decline to entertain this Petition and the same is disposed of. To enable the aggrieved parties to file Petitions, ad-interim relief is operative till today is extended by a period of six weeks from today.

(A.A. SAYED, J.) (A.S. OKA, J.) katkam 2/2