M/S Pioneer Distilleries Ltd. v. State Of Maharashtra And Others.

skn 1/2 6782.10-wp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6782 OF 2010 M/s.Pioneer Distilleries Ltd.

...

Petitioner.

V/s.

State of Maharashtra and others.

...

Respondents.

D.V.Savant for the petitioner.

C.P.Yadav, AGP for the respondents.

CORAM :

DR.MANJULA CHELLUR, C.J.

AND M.S.SONAK, J.

DATE :

19th September 2016.

P.C. :

Heard both sides.

2.

In the light of the Division Bench judgment of this Court in Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar Karkhana Ltd. Vs. State of Maharashtra and others [2011 (3) ALL MR 852], the Writ Petition will have to be allowed in terms of prayer clause (a). The point is squarely covered by this decision. We do not accede to the request for adjournment made by the learned AGP on the ground that the matter is pending before the Honourable

skn 2/2 6782.10-wp.sxw Supreme Court. The Writ Petition is pending in this Court since June 2003. It was listed before the Division Bench on 16th September 2003 when learned counsel for the respondents waived service. 3.

In the light of the fact that the point and the issue raised is covered by the judgment of the Division Bench of this Court in the case of Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar Karkhana Ltd. Vs. State of Maharashtra and others (supra), this Writ Petition is allowed in terms of prayer clause (a). Identical relief and direction in the light of the judgment of the Division Bench in the case of Sahakar Maharshi Shankarrao Mohite Patil Sahakari Sakhar Karkhana Ltd. (supra) shall follow. 4.

There shall be no order as to costs.

(M.S.SONAK, J.) CHIEF JUSTICE