KARAN DISTILLERIES PVT. LTD. THR ITS DIRECTOR AND AUTHORISED SIGNATORY vs THE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS

Judgment text excerpt

2025:BHC-AS:21833-DB WP 10653-22.DOC PSV/KK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10653 OF 2022 Karan Distilleries Pvt. Ltd. ) having its registered office at ) Shikhare Wadi, Nashik-Pune Road, ) Nandadeep Compound, Nashik Road ) Nashik – 422 101 (MH) ) and having its factory at AH No.131/2) Village Navegaon, Shahapur, ) District – Bhandara, Maharashtra, ) through its Director and Authorised ) Signatory Mr.Rustom Erach Bharucha) ...Petitioner Vs. 1. The State of Maharashtra ) Through the Secretary, State Excise ) Department, Mantralaya, Mumbai ) 2. The Home Department, ) State of Maharashtra, ) through the Secretary, ) Home Department, having its ) Office at Mantralaya, Mumbai-32. ) 3. The Commissioner, ) Maharashtra State Excise, ) Old Custom House, Fort, ) Mumbai. ) ...Respondents _________ Mr. Sanjeev Gorwadkar, Senior Advocate with Mr. Kamlesh Mali and Mr. Dinesh Mali for the Petitioner. Mr. Kedar Dighe, Addl. GP with Ms. Savina Crasto, AGP for State/ Respondent Nos.1 to 3. __________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. RESERVED ON: 28 APRIL 2025 PRONOUNCED ON: 09 MAY 2025. Page 1 of 33 09 May 2025 WP 10653-22.DOC Judgment :- (Per G. S. Kulkarni, J.) 1. Rule. Respondents waive service. By consent of the parties, heard finally. 2. The petitioner primarily seeks a relief that the respondents be directed to grant a special subsidy/incentive of Rs. 10/- per bulk litre of alcohol produced by it, under the State Government’s policy notified in the Government Resolution dated 08 June 2007, provided for new units manufacturing grain alcohol. The title of the policy is to the following effect:- “To promote and encourage new distilleries to produce alcohol from the substances other than molasses.” 3. The amount of s