Suresh Thau Rathod v. The Collector Of Solapur And ORS

wp-7881.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7881 OF 2015 Suresh Thau Rathod Sole Proprietor of M/s. Hotel Sukh Sagar : Petitioner

Versus

The Collector of Solapur & ors.

: Respondents.

Mrs. Veena Thadhani for the Petitioner.

Mrs. V S Nimbalkar, AGP for the Respondents/State. CORAM :

R. M. SAVANT, J.

DATE :

12th August 2015 P.C.

The cause for invoking the writ jurisdiction of this Court is the fact that the application for stay filed in the Appeal filed by the Petitioner against the order passed by the Collector of Solapur dated 01/08/2015 has not been considered by the Appellate Authority. By the said order passed by the Collector, the Petitioner's FL-III license has been suspended for a period of 6 months.

The learned AGP states that the Appeal itself would be decided within a period of 8 weeks of 24/08/2015 as the regular Commissioner, State Excise would be available after 24/08/2015.

lgc

wp-7881.15 In view of the afore said statement made by the learned AGP, the above Petition is disposed of by issuing the following directions :- 1] The Commissioner, State Excise to dispose of the Appeal within 8 weeks of 24/08/2015.

2] Till the disposal of the Appeal the order passed by the Collector of Solapur would stand stayed and would be subject to the result of the Appeal. Needless to state that the Appeal to be tried on its own merits and in accordance with law uninfluenced by the impugned order or the instant order.

3] With the aforesaid directions the Writ Petition is disposed of. 4] The concerned parties to act upon an ordinary copy of the instant order duly authenticated by the Court Associate/Sheristedar. [R.M.SAVANT, J] lgc