Bombay High Court

SAKKARBAI SRINIVAS SARDAversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY HOME DEPT. AND OTHERS.

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The order dated 24‑02‑2025 rejecting the licence renewal is quashed and the case is remanded for fresh consideration with an opportunity of hearing.

Summary

Smt. Sakkarbai Shrinivas Sarda filed a writ petition seeking direction to the Collector and Superintendent of Excise in Ahilyanagar to implement a 2016 order of the Minister of State Excise concerning the renewal of her excise licence. The respondents produced letters and an order dated 24‑02‑2025 which rejected her renewal request. The Court observed that the petitioner was not afforded an opportunity of hearing before the rejection. Consequently, the order dated 24‑02‑2025 was quashed and set aside. The matter was remanded to the Deputy Commissioner of State Excise (Inspection), Mumbai, to reconsider the petitioner's application on its merits after granting her a hearing, within eight weeks of her first appearance.

Issues considered

Whether the order rejecting the renewal of the excise licence without granting a hearing violates the principles of natural justice
Whether the petitioner is entitled to a direction to implement the earlier ministerial order for licence renewal

Subjects

natural justice
right to hearing
excise licence renewal
writ petition
quashing order
administrative law

Judgment

2026:BHC-AUG:31565-DB




                                               1                          35 wp 8334.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               WRIT PETITION NO. 8334 OF 2026

                        Smt. Sakkarbai Shrinivas Sarda           ..   Petitioner

                             Versus

                        The State of Maharashtra and others      ..   Respondents

                 Shri Navin Shah, Advocate for the Petitioner.
                 Mrs. Kalplata B. Patil - Bharaswadkar , A.G.P. for the
                 Respondent Nos. 1 to 5.

                                   CORAM : NITIN B. SURYAWANSHI AND
                                           ABASAHEB D. SHINDE, JJ.
                                    DATE : 27TH JULY, 2026.

                 PER COURT :


                 .      By this petition the petitioner seeks direction to the
                 respondent No. 4 – The Collector, Ahilyanagar (State Excise
                 Department) and respondent No. 5 – The Superintendent of
                 Excise (Excise Department) Ahilyanagar to implement the order
                 dated 24.05.2016 passed by the Hon’ble Minister of State Excise.


                 2.     Learned    Assistant       Government   Pleader     for    the
                 respondents on instructions from the respondents has placed on
                 record copy of the letters dated 04.07.2026, 04.03.2025 and the
                 order dated 24.02.2025, by which the request of the petitioner for
                 renewal of license is rejected.


                 3.     Perusal of the order dated 24.02.2025 shows that no
                            2                         35 wp 8334.26

opportunity of hearing was given to the petitioner.


4.    In that view of the matter, the said order is quashed and
set aside and matter is remanded back to the respondent No. 3 –
Deputy Commissioner of State Excise (Inspection), Mumbai for
consideration afresh on merits.     The respondent No. 3 shall
consider the case of the petitioner after giving an opportunity of
of hearing to the petitioner, on its own merits and within a
period of eight (08) weeks from the date of first appearance of the
petitioner.



[ABASAHEB D. SHINDE, J.]           [NITIN B. SURYAWANSHI, J.]



bsb/July 26

Continue reading with your account

Checking your session…