2017 (7) TMI 1399

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....har Parekh and Ms.Ayushi Anandpara i/b M/s.Federal & Rashmikant Present For the Respondent : Mr.M.A.Shaikh i/b Mr.Y.K.Singh, Mr.S.S.Pakale i/b Mr. Dushyant Kumar, Mr.H.S.Venegaonkar, Addl.GP, Mr.S.S.Pakale i/b Mr. Dushyant Kumar, a/w Mr.Deshmukh,AGP ORDER Notice of Motion No.466 of 2017 is taken out by the Applicants/Petitioners (Distillers' Association of Maharashtra and ors.) seeking the following reliefs: (a) That pending the hearing and final disposal of the present Petition this Hon'ble Court be pleased to pass an order restraining the Respondent Nos. 1, 3 and 4, their agents, servants, officers, departments, etc. from in any manner whatsoever, directly or indirectly, taking any step which would nullify, inter....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....2 be ordered and directed not to notify the amended Rules till the hearing and final disposal of the Petition. Notice of Motion No.471 of 2017 is taken out by the Applicants/Petitioners (Confederation of India Alcoholic Beverage Companies And Ors.) seeking the following reliefs: (a) pending the haring and final disposal of this Petition, the Respondents Nos. 1, 3 and 4, their respective servants, officers and/or agents be restrained and prohibited by an order of temporary injunction from in any manner (directly and/or indirectly): (i) proceeding with finalising of the draft rules proposed as an amendment to the Maharashtra Distillation of Spirit and Manufacture of Potable Liquor (Amendment) Rules, 2017; (ii) fr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on Act, 1949: (i) Maharashtra Distillation of Spirit and Manufacture of Potable Liquor (Amendment) Rules, 2017, (ii) Maharashtra Country Liquor (Amendment) Rules, 2017, (iii) Maharashtra Manufacturer of Beer and Wine (Amendment) Rules, 2017. In the impugned Notifications the amendments proposed in the Rules are essentially on the same lines as the Government Resolution dated 1 January 2016 that the material used for the bottles and containers shall be only glass. The Notifications state that any objection or suggestions which may be received by the Principal Secretary, Home Department (State Excise) from any person with respect to the said amendment (draft) before the aforesaid date viz. 25 July 2017 will be co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....espect to the proposed amendments which would be considered by the Government. We are told that the Petitioners have submitted their objections and suggestions accordingly. The Petitioners cannot assume that their representations shall not be considered favorably or otherwise. Besides, if the Rules are laid before the State Legislature as submitted by the learned Addl.G.P., modifications in the proposed Rules (as stated in section 143 of the Prohibition Act) cannot be ruled out. It is noted that the Writ Petitions impugn only the Government Resolution and Circular. The Petitioners would be required to challenge the amended Rules if and when the amended Rules come into force. It is not possible to grant any relief to the Petitioner in a....