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Bombay High Court

M/S RADICO NV DISTILLERIES MAHARASHTRA LTD THROUGH AUTHORIZED SIGNATORYversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Notification dated 01‑11‑2017 is quashed and set aside, and the writ petition stands disposed.

Summary

M/s Radico Nv Distilleries Maharashtra Ltd filed a writ petition challenging a Notification dated 01‑11‑2017 issued by the State of Maharashtra. The petitioner argued that the issue had already been decided by a Division Bench judgment in Writ Petition No. 13386 of 2018 and an order dated 12‑12‑2023 in Writ Petition No. 13694 of 2017. The court accepted that the earlier judgments had quashed the same Notification. Consequently, there was nothing further to consider, and the petition was disposed. The court directed that any amount collected from the petitioner under the quashed Notification be refunded.

Issues considered

  • Whether the Notification dated 01‑11‑2017 issued by the State of Maharashtra is valid or should be set aside.

Subjects

  • notification
  • quashing
  • writ petition
  • refund
  • state
  • administrative law

Judgment

2026:BHC-AUG:39987-DB

                                                                          33 WP NO. 9717 OF 2018


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                    WRIT PETITION NO. 9717 OF 2018

                       M/s Radico Nv Distilleries Maharashtra Ltd Through Authorized
                                                   Signatory
                                                    VERSUS
                                    The State Of Maharashtra And Others
                                                       …
                       • Mr. P. K. Joshi, Advocate for the Petitioner
                       • Mr. P. S. Patil, Addl.GP for Respondent Nos. 1 to 3 - State
                                                       …
                                                     CORAM : KISHORE C. SANT &
                                                                JITENDRA JAIN, JJ.
                                                  DATE     : 31st AUGUST, 2026
                PER COURT :

                1.           Heard learned Advocate for the petitioner and learned Addl.

                GP for the State.

                2.           Learned Advocate for the petitioner submits that the issue

                involved in the present petition is now settled by a Division Bench

                judgment of this Court at the Principal Seat at Mumbai in Writ

                Petition No. 13386 of 2018 along with connected writ petitions.

                Learned Addl. GP also tenders a copy of the order dated 12.12.2023

                passed by this Court in Writ Petition No. 13694 of 2017. In view of

                the aforesaid judgments, there is no dispute that the issue involved in

                the present petition is already covered.

                3.           It is further not in dispute that the Notification dated

                01.11.2017, which is the subject matter of the present petition, has

                already been quashed and set aside by this Court.
                Jhs/                                                                       1/2
                                                      33 WP NO. 9717 OF 2018


4.       In view of the above, nothing further survives for

consideration in the present petition. The Writ Petition, therefore,

stands disposed of.

5.       If any amount has been collected from the petitioner

pursuant to the Notification dated 01.11.2017, the same shall be

refunded to the petitioner.




 [JITENDRA JAIN, J.]                        [KISHORE C. SANT, J.]




Jhs/                                                                   2/2


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