SOMRAS DISTILLERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Returnable forthwith. At the request of the learned Counsel, the writ petition is taken up for hearing at this stage.

(2.) THE petitioner Somras Distillers, as a partnership firm was given three licences bearing Licence No. C. L. I. , PL. L. and Rs.-2 by the competent authority for running the business in the manufacturing and sale of country liquor and Indian made foreign liquor. On 1-3-1993 there was a change in the constitution of the partnership firm inasmuch as two partners who were original partners in the partnership firm withdrew from the said partnership and four new partners were added. By the application dated 2-3-1993, the petitioner-firm prayed before the Commissioner, State Excise, that the two partners who have withdrawn from the partnership may be deleted from the licence and four new partners be added. Along with the application dated. 2-3-1993 the petitioner-firm annexed photo-state copy of the retirement-deed dated 1-3-1993 and affidavits of Shri Sundarlal Gupta and Rajendra Gupta, the partnership deed of reconstituted firm dated 2-3-1993 and the original licences. On 3-3-1993 the petitioner-firm deposited a sum of Rs. 1,50,000/- vide Treasury Challan No. C-105 dated 3-3-93 as amendment fees for deletion of names of two partners and addition of names of four partners. By the order dated 17-4-1993 the State Government granted permission to the petitioner-firm for deletion of names of two erstwhile partners and addition of four new partners and the said permission was on the assumption that the requisite subject fee has been recovered by the Commissioner, State Excise, from the applicant. The petitioner-firm by the communication dated 2-6-1993 was informed about the grant of permission by the State Government for deletion of names of two erstwhile partners and addition of four new partners in the licence issued to the petitioner firm by the State Government on 17-4-1993 and the petitioner-firm was further directed to deposit the deficient amendment fees amounting to Rs. 10,75,000/- immediately so that necessary corrections may be made in the licences issued to the petitioner-firm.

(3.) THE communication dated 2-6-1993 whereby the petitioner-firm has been asked to deposit the deficient fees for amendment in the licences amounting to Rs. 10,75,000/- is challenged by the petitioner-firm in this petition.