Case Note & Summary
The petitioners, proprietors of Rice Mills in District Raigad, filed a writ petition challenging the compulsory levy on rice under the Maharashtra Rice (Levy on Rice Millers) Order, 1989. During the pendency of the petition, the Government changed its policy and decided not to coercively recover the levy from mill owners. The Assistant Government Pleader, appearing for respondent Nos.1 to 3, made a statement to this effect based on a Government letter dated 17th July 2002, which had been produced in another writ petition (Writ Petition No.83 of 1994) before a different Division Bench, leading to the disposal of that petition as the grievance did not survive. In light of the same statement being made in the present case, the counsel for the petitioners stated that the grievance no longer survives. Consequently, the court disposed of the petition as infructuous, discharged the rule, and made no order as to costs.
Headnote
A) Constitutional Law - Writ Petition - Infructuous Grievance - Change in Government Policy - Petitioners challenged compulsory levy on rice under the Maharashtra Rice (Levy on Rice Millers) Order, 1989 - Government decided not to coercively recover levy from mill owners - Held that the grievance no longer survives and petition is disposed of as infructuous (Paras 2-4).
Issue of Consideration
Whether the challenge to the compulsory levy on rice under the Maharashtra Rice (Levy on Rice Millers) Order, 1989 survives after the Government decided not to coercively recover the levy.
Final Decision
The petition stands disposed of since the grievance no longer survives. Rule is discharged. No order as to costs.
Law Points
- Change in government policy renders challenge infructuous
- No coercive recovery of levy
- Petition disposed as grievance no longer survives
Case Details
2005 LawText (BOM) (05) 224
Writ Petition No.295 of 2000
H.L. Gokhale, S.P. Kukday
Mr.G.S. Hiranandani for Mr.C.G.Gavnekar for petitioners, Mr.S.R. Nargolkar, AGP for res.Nos.1 to 3
Akbar Ali Mohmad Hussein & others
Tahsildar, Mahad & others
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Nature of Litigation
Writ petition challenging compulsory levy on rice under the Maharashtra Rice (Levy on Rice Millers) Order, 1989.
Remedy Sought
Petitioners sought to challenge the compulsory levy on rice.
Filing Reason
Petitioners, proprietors of Rice Mills in District Raigad, challenged the compulsory levy on rice under the Maharashtra Rice (Levy on Rice Millers) Order, 1989.
Previous Decisions
A similar grievance in Writ Petition No.83 of 1994 was disposed of as not surviving after the Government decided not to coercively recover levy.
Issues
Whether the challenge to the compulsory levy on rice under the Maharashtra Rice (Levy on Rice Millers) Order, 1989 survives after the Government decided not to coercively recover the levy.
Submissions/Arguments
Mr.Nargolkar, learned AGP, stated that the Government has decided not to coercively recover levy on rice from mill owners based on Government letter dated 17th July 2002.
Mr.Hiranandani, learned Counsel for petitioners, stated that the grievance no longer survives.
Ratio Decidendi
When the Government changes its policy and decides not to coercively recover a levy, the challenge to the levy becomes infructuous and the petition is disposed of as the grievance no longer survives.
Judgment Excerpts
The petitioners are proprietors of Rice Mills situated in District Raigad. They are challenging the compulsory levy on rice under the Maharashtra Rice (Levy on Rice Millers) Order, 1989.
Now, the policy of Government is changed and the Government has decided not to coercively recover levy on rice from the mill owners.
Under the circumstances, the petition stands disposed of since the grievance no longer survives. Rule is discharged. No order as to costs.
Procedural History
The petitioners filed Writ Petition No.295 of 2000 challenging the compulsory levy on rice. During pendency, the Government changed its policy and decided not to coercively recover the levy. The Assistant Government Pleader made a statement to that effect based on a Government letter dated 17th July 2002, which had been produced in Writ Petition No.83 of 1994, leading to its disposal. In view of the same statement, the petitioners' counsel stated that the grievance no longer survives, and the court disposed of the petition as infructuous.
Acts & Sections
- Maharashtra Rice (Levy on Rice Millers) Order, 1989:
