BEENA LAL AVATRAMANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Counsel for the Petitioner and learned AGP for the Respondents.

(2.) We find that this Petition involves a question of law relating to the power of the Excise Authorities to levy interest on accumulated license fees and in the opinion of the learned Counsel for the Petitioner, the issue is also covered by the judgments of Division Bench of this Court at Aurangabad in Writ Petition No. 13545 of 2017 decided on 21/11/2017 and order of the learned Single Judge in Civil Application No. 2300 of 2019 in Writ Petition No. 13623 of 2018, dtd. 21/11/2019. We have taken up this matter for final hearing by making Rule by consent of the parties.

(3.) The Petitioner was issued FL-II license but for some reason or the other it expired some time in the year 2000 and therefore, the Petitioner made an effort to obtain renewal of the said license. First such effort was made by the Petitioner some time in February 2017, wherein she requested that if she was given some concession in paying the renewal fees by installments, it would enable her to run the FL-II license, which was so necessary for her. It appears that the Petitioner also made an Application for grant of concession in charging of the license renewal fees. But, such request of the Petitioner was not granted by the Excise Authorities, which is evident from the impugned communications dtd. 15/2/2018 and 22/5/2018. After such rejection of the request of the Petitioner, the Application of the Petitioner was decided by the order passed on 30/8/2022 whereby, the Application for license renewal was granted subject to payment of the license renewal fees, Application Fees and interest at the rate of 2% per month at the accumulated license fees. Being aggrieved by the same, the Petitioner is before this Court.