1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4538 OF 2009 Raza Mohamod Khan, 14/15, Jagwani Complex, Auto Nagar, Jalgaon, Tq. & Dist-Jalgaon. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, State Excise Department, M.S. Mantralaya, Mumbai-32, 2) The Commissioner of State Excise, Old Custom House, Mumbai-400 023, 3) The Collector, Jalgaon, Dist-Jalgaon, 4) The Superintendent, State Excise, Jalgaon, Dist-Jalgaon. ...RESPONDENTS. WITH 2 WRIT PETITION NO.4541 OF 2009 Vilas s/o Dongarlal Jaiswal, R/o-2, Jay Nagar, Jilha Peth, Sagar Park, Jalgaon, Tq. & Dist-Jalgaon. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary, State Excise Department, M.S. Mantralaya, Mumbai-32, 2) The Commissioner of State Excise, Old Custom House, Mumbai-400 023, 3) The Collector, Jalgaon, Dist-Jalgaon, 4) The Superintendent, State Excise, Jalgaon, Dist-Jalgaon. ...RESPONDENTS. ... Smt. Anjali Bajpai Dube Advocate for the Petitioners in both the Petitions. Shri. K.B. Choudhari, A.G.P. for Respondents in both the Petitions. ... CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. DATE : 19TH MARCH, 2010. 3 PER COURT : 1. Heard learned counsel for the parties. 2. Learned counsel for the Petitioners submitted that under the policy of the State Government, license fees for CL-III liquor license is charged on the basis of the population. In the present case, the counsel submitted that around 15 license holders are operating by paying same fees as stipulated in the Government Circular dated 2nd March, 2009. Counsel for the Petitioners further submitted that there is discrimination as regards license fees charged in respect of CL-III liquor license and FL-III liquor license. 3. Affidavit in reply is filed on behalf of the Respondents. It has been pointed out by the State that levy of fees is fixed in exercise of powers conferred under Section 49 and 143 (2)(u) of the Bombay Prohibition Act. 4 4. Even otherwise, we do not find any arbitrariness in State's fixing amount of license fees as per the Government Circular mentioned above. We do not find Petitioners have any vested right to seek relief. The Petitions are without any merit. Hence the Writ Petitions are dismissed. [N.D. DESHPANDE, J.] [NARESH H. PATIL, J.] asb/MAR10/wp4538.09