MEHER DISTILLERTIES PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE 1st petitioner herein is a company engaged in the manufacture of country liquor. The 2nd petitioner is its Managing Director. The 1st petitioner company at the relevant time was engaged in the manufacture of country liquor from flowers which are known as Mhowra flowers. The petition seeks to challenge the notification issued by the 1st respondent-State of Maharashtra under section 105 of the Bombay Prohibition Act, 1949 on 17th July, 1987 whereby the excise duty on the country liquor manufactured from Mhowra flowers amongst others came to be revised from Rs. 13/- per proof litre to Rs. 26/- per proof litre. The 2nd respondent to the petition is a Trade Union which has intervened in this matter and got added itself as a party respondent. The 2nd respondent Union is supporting the cause of the petitioners. The challenge to this notification is on the basis of Articles 14 and 19 (1) (g) of the Constitution.

(2.) THE 2nd respondent-State of Maharashtra has opposed the prayers by filing affidavits from time to time. The petitioners have also filed a rejoinder thereafter. The 2nd respondent Union, which is supporting the cause of the petitioners, is relying upon the affidavit filed at the time when a chamber summons was moved to join the proceedings as a respondent.

(3.) MR. J. J. Bhat with Mr. P. A. Sawant, has appeared for the petitioners. Mr. C. J. Sawant and Mr. R. M. Sawant, A. G. P. , have appeared for respondent No. 1. Mr. A. K. Abhyankar has appeared for respondent No. 2.