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Bombay High CourtWP/10664/2016disposed off

Sumit Ravindra Galinde v. The Collector Of Pune And ORS.

2016-10-10Hon'Ble Shri Justice M. S. Karnik2 pages

WP.10664/2016(10) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10664 OF 2016 Sumit Ravindra Galinde

...Petitioner

Vs.

The Collector of Pune & Ors.

...Respondents

Mrs. Veena B. Thadhani, Advocate for the Petitioner Ms. A.D. Vhatkar, AGP for the State CORAM : M.S. KARNIK, J.

DATED :10hTH OCTOBER, 2016 P.C. :

Heard learned Counsel for the Petitioner and the learned AGP appearing for Respondent Nos. 1, 2 & 3.

2.

The Petitioner has challenged the order at Exhibit-E dated NIL April, 2016 passed by Respondent No.1 the Collector of Pune, State Excise Department, District Pune. The Petitioner has also filed an appeal under Section 137(2) of the Maharashtra Prohibition Act, 1949 (hereinafter referred to as the Act) before the 2 nd Respondent. The said appeal is pending since then. Today when the matter came up for admission the only grievance

WP.10664/2016(10) made by the Petitioner is that the Respondent No.2 the Appellate Authority may be directed to hear the appeal as expeditiously as possible.

3.

According to the Petitioner if he succeeds in the Appeal he will be able to commence business and as of now he is paying huge amounts as licence fees each year to keep the licence alive without being able to commence business.

4.

The prayer made by the learned Counsel for the Petitioner is reasonable. Accordingly the Respondent No.2 is directed to decide the appeal filed under Section 137(2) of the Act, the appeal memo of which is at Exhibit-G to the present Petition within a period of 4 weeks from 14 th October, 2016. The same be decided on its own merits in accordance with law. The Petitioner undertakes to appear before Respondent No.2 on 14 th October, 2016 at 11. a.m.

5.

The Writ Petition is accordingly disposed of. (M.S. KARNIK, J.)