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Bombay High Court

Hathway Sonali Om Crystal Private ... vs State Of Maharashtra And 3 Ors on 20 February, 2023

Author: Abhay Ahuja

Bench: Nitin Jamdar, Abhay Ahuja

                                                  1             1 to 4 wp 413-14 and ors-os


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION

                                         WRIT PETITION NO.413 OF 2014
                                                     WITH
                                       NOTICE OF MOTION NO.225 OF 2016
                                                      IN
                                         WRIT PETITION NO.413 OF 2014
                                                     WITH
                                        WRIT PETITION NO.6770 OF 2015
                                                     WITH
                                       CIVIL APPLICATION NO.1012 OF 2016
                                                     WITH
                                       CIVIL APPLICATION NO.699 OF 2016
                                                      IN
                                        WRIT PETITION NO.6770 OF 2015

                      Hathway Cable and Datacom Ltd. and anr.   ... Petitioners
                            V/s.
                      State of Maharashtra and ors.             ... Respondents

                                                   WITH
                                        WRIT PETITION NO.295 OF 2014
                                                   WITH
                                       NOTICE OF MOTION NO.227 OF 2016

                      Hathway Sonali Om Crystal
                      Private Limited and ors.                  ... Petitioners
                            V/s.
                      State of Maharashtra and ors.             ... Respondents

                                                   WITH
                                        WRIT PETITION NO.673 OF 2015

                      Dish TV India Limited                     ... Petitioner
                            V/s.
                      State of Maharashtra and ors.             ... Respondents


         Digitally
                      Priya Soparkar
         signed by
         PRIYA
PRIYA    RAJESH
RAJESH   SOPARKAR
SOPARKAR Date:
         2023.02.22
         18:26:59
         +0530
                              2              1 to 4 wp 413-14 and ors-os


                                WITH
                    WRIT PETITION NO.7093 OF 2013

Sai Big Star Welfare Association,
Jogeshwari and ors.                         ... Petitioners
      V/s.
State of Maharashtra and ors.               ... Respondents

                                WITH
                 INTERIM APPLICATION NO.2345 OF 2021
                                 IN
                    WRIT PETITION NO.7093 OF 2013

Additional Collector Mumbai Suburban ... Applicant
      V/s.
Sai Big Star Welfare Association,
Jogeshwari and ors.                  ... Respondents

                               WITH
                   WRIT PETITION NO.10970 OF 2015

Den Manaoranjan Satelite Private
Limited and ors.                       ... Petitioners
      V/s.
State of Maharashtra and anr.          ... Respondents

                               WITH
                    WRIT PETITION NO.798 OF 2018
                               WITH
                    WRIT PETITION NO.801 OF 2018

Hotel Banarasi Inn. Private Limited    ... Petitioner
      V/s.
Bank of Baroda and ors.                ... Respondents

                                 ---



Priya Soparkar
                                         3                 1 to 4 wp 413-14 and ors-os


Mr.Mukul Taly with Ms.Sayali Gharpure i/by M/s S. Mohamedbhai &
Co., Advocates for the Petitioners in WPs No.413 of 2014, 295 of
2014 and 6770 of 2015.
Mr.D.P.Singh with Mr.Tanmay Bidkar i/by Mr.Shreyas Shrivastav,
Advocates for the Petitioner in WP No.673 of 2015.
Mr.Rajmani Varma i/by M/s Navdeep Vora & Associates, Advocate for
the Petitioner in WP No.10970 of 2015.
Mr.Abhay L. Patki, AGP for Respondents No.1 to 5 in WPs No.413
of 2014 and 295 of 2014.
Ms.Jyoti Chavan, AGP for the State in WP No.673 of 2015.
Ms.Shruti Vyas, "B" Panel Counsel for the State in WPs No.6770 of
2015, 7093 of 2013 and 10970 of 2015.
                              ---

                                CORAM : NITIN JAMDAR AND
                                        ABHAY AHUJA, JJ.

DATE : 20 FEBRUARY 2023. P.C.:-

1. The learned counsel for the parties states that the issue common to all these petitions is legislative competence of the State of Maharashtra to impose entertainment tax on local cable operators. The learned counsel for the parties state that there are other issues involved in these petitions as well. However, in Writ Petition No.413 of 2014 the challenge is primarily to the legislative competence.
2. At the joint request of the parties, Writ Petition No.413 of 2014 is taken as lead petition. It is open to the State to adopt the reply affidavit filed in Writ Petition No.413 of 2014 by filing pursis.
Priya Soparkar 4 1 to 4 wp 413-14 and ors-os
3. At the joint request at the parties, place the petitions for final disposal at the bottom of the admission board on 20 March 2023.
4. Parties will circulate summary of propositions.
      (ABHAY AHUJA, J.)                                    (NITIN JAMDAR, J.)
                                            ....




Priya Soparkar