Yunnus A. Shaikh, Prop. Of M/S. Gulmohar Wines v. The Collector Of Solapur And ORS.

WP.9132-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITIION NO.9132 OF 2017 Yunnus A. Shaikh .. Petitioner Vs.

The Collector of Solapur & Ors.

..Respondent.

------- Ms. Veena Thadani for Petitioner.

Mr. S.H. Kankal, AGP for State.

------- CORAM: A.S. GADKARI. J.

DATE: 28 AUGUST 2017.

P.C.:

1] By the present petition under Article 226 and 227 of the Constitution of India, petitioner has challenged the Order dated 15th July 2017 passed by the Collector, Solapur under the provisions of the Maharashtra Prohibition Act, 1949.

2] The record indicates that, against the said Order dated 15th July 2017 petitioner had preferred an appeal bearing No.100 of 2017 under Section 137(2) of the Maharashtra Prohibition Act, 1949. As the Appellate Authority did not grant any interim relief to the petitioner, he preferred 1/2

WP.9132-2017 present petition. It is submitted that during the pendency of the present petition, the Appellate Authority i.e. Commissioner of State Excise, Maharashtra State has decided the appeal by its Order dated 22nd August 2017 and has directed the Collector to consider the case of the petitioner as per direction given in the said Order.

3] Learned Counsel for the petitioner submitted that, the establishment of the petitioner is closed down since 15th July 2017 and therefore the Collector, Solapur may be directed to implement the Order dated 22nd August 2017 passed by the Commissioner of State Excise, Maharashtra State, as expeditiously as possible. 4] In view thereof, the Collector, Solapur is hereby directed to consider the case of the petitioner as per law and as per directions issued by the Appellate Authority i.e. Commissioner of State Excise, Maharashtra State, as expeditiously as possible and preferably within 3 week from the date of receipt of this Order.

5] Petition is accordingly disposed off with aforesaid directions. (A.S. GADKARI, J.) 2/2