Indian Hotel And Restaurant Association And 2 ORS. v. Commissioner, State Excise, Maharashtra And 2 ORS.
927-OSWPL-2873-2021+.DOC Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2873 OF 2021 Hotel and Restaurant Association (Western India) & Ors
...Petitioners
Versus
Commissioner, State Excise, Maharashtra & Ors
...Respondents
WITH WRIT PETITION (L) NO. 7126 OF 2022 Hotel and Restaurant Association (Western India) & Anr
...Petitioners
Versus
Commissioner, State Excise, Maharashtra & Ors
...Respondents
WITH WRIT PETITION (L) NO. 7848 OF 2022 Indian Hotel and Restaurant Association & Anr
...Petitioners
Versus
Commissioner, State Excise, Maharashtra & Ors
...Respondents
WITH WRIT PETITION NO. 1980 OF 2021 Indian Hotel and Restaurant Association & Ors
...Petitioners
Versus
Commissioner, State Excise, Maharashtra & Ors
...Respondents
Digitally signed by SONALI MILIND PATIL Date:
2022.03.29 18:16:34 +0530 SONALI MILIND PATIL Mr Viraag Tulzapurkar, Senior Advocate, with Mr Ramesh Soni, Mr Sameer Pandit with Ms Krina Gandhi i/b Wadia Ghandy & Co. for the Petitioners in WP/2873/2021.
Mr Ramesh Soni, with Mr Sameer Pandit with Ms Krina Gandhi, i/b Wadia Ghandy & Co, for the Petitioners in WP/1980/2021. 29th March 2022
927-OSWPL-2873-2021+.DOC Mr Ashutosh A Kumbhakoni, Advocate General, with Mr Akshay Shinde, "B" Panel Counsel, Mr Milind More Addl GP, Mr Manoj Badgujar, AGP, for the Respondent-State.
CORAM
G.S. Patel & Madhav J. Jamdar, JJ.
DATED:
29th March 2022 PC:- 1.
In Writ Petition (L) No. 7126 of 2022 and Writ Petition (L) No. 7848 of 2022, the challenge is to the Notification dated 28th January 2022. This would be for renewal of licence fees from 2022 to 2023. According to the Petitioners, the increase was more than 10%. It was 15%. According to the Petitioners, this required a specific direction from the Government and there is no such direction. Mr Kumbhakoni, learned Advocate General, points out that in fact there is such a direction.
2.
This notwithstanding, and for entirely different reasons, the State Government has as an exceptional one-time case reduced the increase for 2022-2023 to only 7.5% more than the previous year. 3.
The Petitioners therefore, say that they have no surviving grievance and seek to unconditionally withdraw the 2022 Writ Petitions. Accordingly, Writ Petition (L) No. 7126 of 2022 and Writ Petition (L) No. 7848 of 2022 are dismissed as unconditionally withdrawn but with no order as to costs.
(Madhav J. Jamdar, J) (G. S. Patel, J) 29th March 2022