Government pleader Dhariyasheel Nalawade asked for time to file reply saying they had not received the petitions.
A division bench headed by Chief Justice Mohit Shah then allowed the state time to file reply within a week.
On behalf of the state government, Nalawade assured the court that the state would not destroy the gutkha pouches.
The petitioners sought 'ad interim relief' urging stay on the notification banning sale of gutkha. However, the court said it would first hear the state.
Gutkha and paan masala manufacturers have urged the court to set aside the state government's July 19 notification and two regulations of the Food Safety and Standards Act (FSSA), 2006, under which the ban was brought into effect.
The petitions have been filed by Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises.
The petitioners contended that gutkha, which consists six per cent tobacco, has no nutritional value and hence the product cannot be brought under the purview of the FSSA that deals with "food".
Terming the ban as "discriminatory", the petitioners submitted that their business had come to a standstill owing to the state government's decision to prohibit sale of gutkha.
The monthly sale of gutkha in Maharashtra is estimated to the tune of Rs 300 crore and the state earns Rs 100 crore as taxes on the product. (MORE)
