DESHBHAKATA RATNAPPA KUMBHAR PANCHAGANGA SAHAKARI KARKHANA LTD Vs. HONBLE MINISTER STATE EXCISE MANTRALAYA MUMBAI

JUDGEMENT

(1.) ). By this petition, the petitioners M/s. Deshbhakta Ratnappa Kumbhar panchganga Sahakari Sakhar Karkhana Ltd. are challenging the order passed by the respondent No. 1 the Hon'ble Minister for State Excise, government of Maharashtra dated 3. 10. 2001.

(2.) THE brief facts are that the Petitioner Co-operative Society was granted CL-I licence on 4. 10. 1973 for manufacture of country liquor under maharashtra Country Liquor Rules, 1973. It appears that the petitioner was carrying on the said business under the said licence till about 1982-1983 and thereafter due to certain unavoidable circumstances, the said CL-I licence was not renewed. In view thereof, from 1. 4. 1983, manufacture of country liquor was stopped by the petitioner. After a lapse of about almost fifteen years, the petitioner Society decided to appoint some suitable person to conduct the said business of manufacture of country liquor.

(3.) IT is the case of the petitioner that a conducting agreement was entered into between the petitioner society and the respondent No. 2 on 3. 4. 1998. But at that time, there was some misrepresentations as well as undue influence caused by respondent No. 2 and as such the said agreement was executed in a hurry without complying with the condition No. 13 of the aforesaid licence CL-I. The petitioner has also stated that the said respondent No. 2 had not furnished the appropriate progress report with regard to the renewal of the said manufacture licence inspite of repeated attempts.