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2017 (7) TMI 1399

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..... bjections and suggestions with respect to the proposed amendments which would be considered by the Government. The Petitioners have submitted their objections and suggestions accordingly. The Petitioners cannot assume that their representations shall not be considered favorably or otherwise. It is noted that the Writ Petitions impugn only the Government Resolution and Circular. The Petitioners would be required to challenge the amended Rules if and when the amended Rules come into force. It is not possible to grant any relief to the Petitioner in anticipation that the amended Rules will come into force upon the final Notifications being issued. Notices of Motion are dismissed. - NOTICE OF MOTION (L) NO.466, 460, 471 OF 2017 IN WRIT .....

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..... order, direction, rules, notification, etc. in furtherance of the three impugned Notifications all dated 10th July 2017 is issued, this Hon'ble Court be pleased to pass an order directing the Respondent Nos. 1, 3 and 4, their agents, servants, officers, departments, etc. not to give effect to or implement the same till the final hearing and disposal of the present Petition; Notice of Motion No.460 of 2017 is taken out by the Applicants/Petitioners (All India Plastic Manufactures Association and Ors.) seeking the following reliefs: (a) that Respondent Nos.1 and 2 be ordered and directed to defer the finalisation of the Draft Rules proposed as an amendment to the (i) Maharashtra Distillation of Spirit and Manufacture of Potable .....

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..... of Potable Liquor (Amendment) Rules, 2017 and/or otherwise proceeding against the Petitioners and/or their members on the basis of the said amended rules. 2. The Petitions are filed by the Petitioners challenging the Government Resolution dated 11-1-2016 of the Home Department, Government of Maharashtra and the Circular dated 1-2-2016 issued by the Commissioner of State Excise, which seek to prohibit the use of PET bottles and containers for storing alcoholic beverages and makes it compulsory to use only glass bottles. By an interim order dated 1 April 2016, this Court had restrained the Respondents from implementing the Government Resolution and the Circular. During the pendency of the Petitions and after the interim order was passed b .....

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..... en the field is occupied by Central legislations. It is submitted that the Petitioners apprehend that as soon as the last date i.e. 25 July 2017 for receiving objections is over the State Government will notify the Rules forthwith and bring them into force to present the Petitioners with fait accompli. 4. The learned Addl.G.P. submitted that the apprehension of the Petitioners that the State Government will notify the Rules forthwith is unfounded as vide the impugned Notifications the draft Rules are already published and as mandated under section 143 of the Prohibition Act, the Rules are to be laid before the Houses of the State Legislature at least for a period of 30 days. 5. In our view it would premature and not be appropriate at .....

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