Shri. Shankar Tulshiram Thorat v. The State Of Maharashtra Through The Commissioner Of State Excise, Mumbai And ORS
Digitally signed by SHAGUFTA Q PATHAN Date:
2022.04.19 13:23:00 +0530 SHAGUFTA Q PATHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3364 OF 2021 Shankar Tulshiram Thorat
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Vikram S. Undre for the Petitioners Mr. P. P. Kakade, G.P. a/w Mr. P. G. Sawant, A.G.P for the RespondentsState CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.
MONDAY, 18 th APRIL 2022 P.C. :
Heard learned counsel for the parties.
Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned A.G.P waives service on behalf of the respondents-State.
By this petition, the petitioner seeks the following substantive relief :
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"A] By issuing writ of mandamus or any other writ in the like nature, this Hon'ble Court may kindly be pleased to direct the respondents to decide the shifting proposal of the CL-III license NO. 177 situated at Shirala to village panchayat Vangi Tal. Kadegaon Dist. Sangali filed by the present petitioner on dated 04.01.2020 within two weeks." Perused the papers. It appears that the petitioner was running a country liquor shop at Shirala, Sangli, since 2012 on CL-III license No. 177. It appears that on 8th October 2018, the petitioner's shop was shut down pursuant to an order passed by the respondent No. 2, having regard to the fact, that the said shop was within the restricted distance, from the Shirala Bus Stand. It appears that the said order passed by the respondent No. 2 was confirmed by the Appellate Authorities. Be that as it may, in the present petition, we are not concerned with the closure of the petitioner's shop.
In the present petition, the petitioner only seeks a direction to the respondent authorities to decide the representation/shifting proposal dated 4th January 2020, of CL-III license No. 177 from Shirala to Village Vangi, Taluka Kadegaon, District Sangli, within a specified time-frame. 2/3
It appears that the said representation/application preferred by the petitioner is pending before the respondent No. 2-Authority since 4th January 2020.
Considering the aforesaid, we deem it appropriate to direct the said respondent i.e. the respondent No. 2 to decide the petitioner's application/shifting proposal of CL-III license No. 177 from Shirala to Village Vangi, Taluka Kadegaon, District Sangli, as expeditiously as possible and in any event, within eight weeks from the date of receipt of this order.
Rule is made absolute in the aforesaid terms. Petition is disposed of accordingly.
It is made clear that we have not examined the merits of the case and as such, all contentions of all the parties are kept open. All concerned to act on the authenticated copy of this order. MADHAV J. JAMDAR, J.
REVATI MOHITE DERE, J.
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