Krushnabai Thirathmal Detwani v. The State Of Maharashtra Through The Commissioner Of State Excise And Others
2026:BHC-AUG:12964-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 34 WRIT PETITION NO.2956 OF 2026 Krushnabai Thirathmal Detwani
VERSUS
The State Of Maharashtra Through The Commissioner Of State Excise And Others ...
Mr. V. S. Undre, Advocate for the Petitioner. Mr. V. M. Kagne, AGP for Respondents/State.
...
CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE : 23 MARCH 2026 ORDER (Per Hiten S. Venegavkar, J.) :
.
Present petition has been filed for following reliefs :- "A] By issuing writ of mandamus or any other writ in the like nature, this Hon'ble Court may kindly be pleased to direct that, the respondents shall decide the applications dated 14.08.2025, 23.08.2025 and 12.12.2025 filed by the petitioner expeditiously in accordance with the provisions of law and further be pleased to direct that, the respondent no. 2 shall make an alternate arrangement for the supply of country liquor to the CL-III license of the petitioner from any other wholesaler (CL-II licensee) within the state of Maharashtra.
[1]
B] By issuing writ of mandamus or any other writ in the like nature, this Hon'ble Court may kindly be pleased to direct that, the Commissioner of State Excise shall issue the specific guidelines to all the CL-II license holders in respect of conducting of wholesale business on the same footing of the Circular dated 06.12.2007 issued by Commissioner of State Excise Mumbai. C] By issuing writ of mandamus or any other writ in the like nature, this Hon'ble Court may kindly be pleased to direct that, respondent No.1 shall grant opportunity of hearing to the petitioner while deciding the applications dated14.08.2025, 23.08.2025 and 12.12.2025 filed by the petitioner."
2.
At the outset, learned Advocate for the petitioner submits that at present he does not press for prayer clause 'B'. He only submits that the repeated representations which are mentioned in prayer clause 'A' are pending with the authorities for decision and they are not being decided till date. He argues that in pursuance of the Circular dated 06.12.2007 and under the provisions of Rule 94-B of the Maharashtra Foreign Liquor Rules, 1953, the transport pass is required to be issued to the petitioner so that he can take CL-III liquor from the traders. He also relies upon clause (a) of the said circular that in case there is any dispute pertaining to the payments or dues, then the wholesaler has to take appropriate steps on their own count against the defailting retailer and for that [2]
purpose they cannot stop the supply of the foreign liquor to the retailer. 3.
Learned AGP appearing for the respondents/State submits that the representations filed by the petitioner will be decided within a period of four weeks from today.
4.
We have heard both the Advocates and upon making a statement by the learned AGP, we direct the respondent authorities to decide the representations of the petitioner after complying with the principles of natural justice. The appropriate hearing and opportunity be provided to the petitioner and the applications and/or representations of the petitioner be decided within a period of four weeks from today. 5.
With the aforesaid directions, the writ petition stands disposed of. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]