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Bombay High CourtWP/1641/2024partly allowed

Shakuntalabai W/O Shrikant Jaiswal Thr. P.O.A., Holder, Prashant Shrikant Jaiswal And Another v. State Of Maha., Thr. Secretary, Dept. Of Excise And Prohibition, Mumbai And Another

2024-03-07Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 7-1641-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1641/2024 Shakuntalabai W/o Shrikant Jaiswal and another Vs. State of Maharashtra, through Secretary of Excise and Prohibition and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. A.R. Sharma, Advocate for petitioners Mr. A.A. Madiwale, AGP for Respondent Nos.1 and 2 CORAM: BHARAT P. DESHPANDE, J.

DATED : 7th MARCH, 2024 Heard learned counsel for the petitioners.

2.

The challenge in the present petition is the order dated 29/12/2023 (Annexure A), passed by the Collector, Amravati, thereby directing the petitioner to pay license fees as well as the interest on it from the year 2005-06 and also to obtain the signatures of all the legal heirs.

3.

The learned counsel for the petitioners submit that the issue regarding the legal heirs is already settled and that the Collector is not entitled to calculate the interest on the renewal of the license when such license was cancelled. She submits that the impugned order suffers from material illegalities and such directions could not have been issued.

2 7-1641-2024.odt 4.

Issue notice to the respondents, returnable on 27th March, 2024.

5.

Mr. Madiwale, learned Assistant Government Pleader waives notice for respondent Nos.1 and 2.

(BHARAT P. DESHPANDE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 07/03/2024 17:16:42