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Bombay High CourtWP/2920/2021disposed off

Indarjeet Kaur Rajendar Singh Decd. Thr. Lhrs v. The State Of Maharashtra Thr. Minister Of State Excise Dept. And ORS

2021-07-16Hon'Ble Shri Justice M. S. Karnik2 pages

36. wp 2920.21.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2920 OF 2021 Indarjeet Kaur Rajendar Singh since deceased through legal heirs

1. Rajinder Singh Awal and ors.

....Petitioners Vs.

The State of Maharashtra and ors.

..... Respondents Mr.Hiren Kamod i/b Mr.Santosh Patil, for the Petitioners. Mr.S.H. Kankal, AGP for the Respondent - State. CORAM :

M. S.KARNIK, J.

DATE :

16th JULY, 2021 P.C. :

.

Heard learned Counsel for the Petitioners. My attention is invited to the order dated 18/12/2020 passed by this Court in Writ Petition Stamp No. 96814 of 2020. This Court had directed the Commissioner of State Excise to decide the Appeal and during the pendency of the Appeal, the impugned order passed by the Collector of Thane cancelling the Petitioner's licence was stayed. It is now pointed out that the Commissioner decided the Appeal against the Petitioners. Against the order 1/2

36. wp 2920.21.doc passed by the Commissioner, statutory Revision has been preferred before the Hon'ble Minister. The powers to hear the Revision are delegated to the Principal Secretary of the State Excise.

2.

Learned Counsel for the Petitioners submits that though attempts were made to obtain necessary orders on the application for stay, due to pandemic, no date was assigned for hearing of the application for stay.

3.

I have heard learned AGP appearing on behalf of Respondents No. 1, 2 & 3. Present Petition can be disposed of by directing the Principal Secretary, State Excise to decide the application for stay expeditiously. Till the application for stay is decided, the order dated 18/12/2020 passed by this Court which is at page 39 of paper book in Writ Petition Stamp No. 96814 of 2020 shall continue. The Petitioners to remain present before the Principal Secretary, State Excise along with copy of this order on 22/07/2021.

4.

Writ Petition is disposed of.

(M.S.KARNIK, J.) 2/2