Snehalata Baliram Thakre v. The Collector Of Nashik, State Excise Dept. And ORS

17.wp.991.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 991 OF 2019 (Order is corrected as per order dated 5th March 2019) Snehalata Baliram Thakre holding CL III No.75 .. Petitioner Vs.

The Collector of Nasik & Ors.

.. Respondents Mrs.Veena Thadhani a/w. Mr. Vishal Thadhani, Advocate for petitioner. Mrs.R.A. Salunkhe, AGP for respondent No.3-State. CORAM : B.R. GAVAI & N.J. JAMADAR, JJ.

DATE : 26TH FEBRUARY 2019 P.C.

The petitioner has approached this Court with a grievance that though the petitioner has filed a statutory appeal before respondent No.2 challenging the order passed by respondent No.1 suspending the licence of the petitioner, viz., CL III No.75, for 90 days, though this Court, in the earlier round of litigation, has directed respondent No.2 to hear the matter and the matter was heard on 12th February 2019, still no orders are passed. The counsel further states that it is learnt from the Press Reports that the present incumbent in the petition (respondent No.2) has been transferred and at the moment, the charge of the said office is given to the Principal Secretary, Home Department (Excise). The Authorities cannot defeat the rights of the parties by not deciding the applications for interim orders and particularly in such matters in which the order impugned is operative for a short period.

Shraddha Talekar PS 1/2

17.wp.991.2019.doc We, therefore, direct the Principal Secretary, Home Department (Excise), holding the charge of respondent No.2, to hear the application filed by the petitioner for grant of interim protection and decide the same within a period of one week from today. The learned AGP is requested to communicate this order to the officer concerned. The petition stands disposed of.

[N.J. JAMADAR, J.] [B.R. GAVAI, J.] Shraddha Talekar PS 2/2