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Bombay High CourtWP/5880/2025transfer to other court

Ujwala Hanmant Waghmare v. The State Of Maharashtra Throu. Its Principal Sec. State Excise Dept And ORS

2025-04-30Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere2 pages

KAWRE KIRAN KALYAN 502-WP-5880-2025.DOC KAWRE KIRAN KALYAN Date: 2025.04.30 21:50:28 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5880 OF 2025 Ujwala Hanmant Waghmare

...Petitioner

Versus

The State of Maharashtra through Its Principal Secretary State Excise Dept. & Ors.

...Respondents

_______ Mr. Vikram Undre for Petitioner.

Ms. T. J. Kapre, AGP for State - Respondent Nos.1 to 5. _______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

30 APRIL 2025 P.C.

1.

Not on board. Upon mentioning, taken on board on a praecipe as moved on behalf of the petitioner.

2.

The prayers as made in the petition pertains to the respondents insisting payment of Rs.45,00,000/- as the transfer fees for the CL-III license No.18 which according to the petitioner cannot be imposed, qua the petitioner on the basis of contentions as raised in the petition. It is the petitioners case that he would be required to pay an amount of Rs.16,00,000/- considering the date of his application.

3.

In our opinion, it would be appropriate that the petitioner deposits the amount as demanded, subject to his rights and contentions as raised in this petition. In the event, the petitioner succeeds in the plea being asserted in the petition, the respondent's shall refund the excess fees. Subject to this, on the 30 April 2025 Kiran Kawre

502-WP-5880-2025.DOC deposit of the amount of Rs.45,00,000/- as demanded, the respondents shall grant renewal of the licnese to the petitioner.

4.

Let reply affidavit to the petition be placed on record within four weeks from today.

5.

List the petition for admission on 18 June 2025. 6.

At this stage, learned counsel for the petitioner submits that the amount would be deposited within one week from today. If the same is deposited, further appropriate steps as ordered be taken.

7.

All contentions of the parties are expressly kept open and the deposit as ordered is subject to the further orders to be passed on this petition. (ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 30 April 2025 Kiran Kawre