Niphad Sahakari Sakhar Karkhana Ltd v. The State Of Maharashtra Thr Minister For State Excie And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9386 OF 2025 Niphad Sahakari Sakhar Karkhana Ltd.

.....Petitioner Vs.

The State of Maharashtra & Ors.

.....Respondents Mr. Santosh Patil, with Ms. Shraddha Kadam, for the Petitioner. Smt. Pooja Joshi Deshpande, AGP for Respondent-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 18th JULY 2025.

P.C.:- 1.

Heard learned counsel for the parties.

2.

By this Petition, the Petitioner seeks only two reliefs; (i) to direct the Chief Secretary, Maharashtra State to decide the proposal dated 13th January 2025 forwarded by the Assistant Commissioner of State Excise, expeditiously in a time bound manner; (ii) if the representation is made by the Petitioner for waiver of interest amount on licence fee, the same be decided expeditiously by the concerned authority of the Maharashtra State.

3.

Learned AGP does not dispute the fact that the said 1/3

proposal dated 13th January 2025 has been sent to the Chief Secretary, Maharashtra State by the Assistant Commissioner, State Excise, Maharashtra State, Mumbai. The said proposal sent to the Chief Secretary is at Exhibit G at Page 91 of the Petition. However, the learned AGP seeks twelve weeks time to decide the said proposal. 4.

We deem it appropriate to grant eight weeks time to the Chief Secretary, Maharashtra State to decide the said proposal sent by the Assistant Commissioner, State Excise, Maharashtra State. 5.

Learned counsel for the Petitioner states that he will make a representation to the concerned authority of the State Government, i.e., the Additional Chief Secretary, State Excise for waiver of interest on licence fee.

6.

If such an representation is made, the concerned authority to decide the same expeditiously and preferably within six weeks from the date of representation, on its own merits and in accordance with law.

7.

We make it clear that we have not gone into the merits of the Petition and as such, keep all contentions of all the parties on 2/3

merits, open.

8.

Petition is accordingly disposed of.

9.

All parties to act on an authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.07.21 16:51:52 +0530 SHAMBHAVI NILESH SHIVGAN 3/3