Niranjankumar Dayaram Batra v. The State Of Maharashtra Thr. Principal Secretary (State Excise) And ORS

1 6-wp-7661-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7661 OF 2022 Mr. Niranjankumar Dayaram Batra M/s. Sagar Wines, FL-II Licence No.87 House No.6/0640, Gat No.1131, Waghjoli- Abhalwadi Road, Wagholi, Taluka Haveli, District : Pune ... Petitioner V/s.

1.

The State of Maharashtra through Principal Secretary (State Excise) Mantralaya, Mumbai-400 032.

Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2023.12.05 11:02:40 +0530 ASHVINI BAPPASAHEB KAKDE 2.

The Commissioner of State Excise, Maharashtra State, Old Custom House, Mumbai-400 023 3.

The Collector of Pune (State Excise Department) DISTRICT PUNE ...

Respondents ----- Mr. D. B. Savant, Mr. Vinayak Salokhe a/w. Ms. Sampada Khanolkar, Mr. Ramesh Lad, Ms. Megha Jani for Petitioner.

Mr. S. B. Kalel, AGP for Respondent-State.

----- CORAM :

A. S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ.

DATE :

1ST DECEMBER 2023 Oral Judgment (Per A. S. Chandurkar J) .:- 1.

Rule. Rule made returnable forthwith and heard the learned Counsel for the parties.

Ashvini Kakde

2 6-wp-7661-2022.doc 2.

The challenge raised in the present Writ Petition is to the order dated 12th April 2022 passed by the Collector under the Maharashtra Prohibition Act, 1949. It is informed that the Petitioner has filed an Appeal under Section 137 of the said Act challenging the very same order. In view of this, the Writ Petition is disposed of by directing the 2nd RespondentCommissioner of State Excise to decide the Petitioner's Appeal expeditiously on its own merits and in accordance with law within a period of eight weeks of receiving copy of this order.

3.

All contentions raised are kept open for urging before the 2nd Respondent.

4.

Rule is disposed of in above terms.

(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.) Ashvini Kakde