Jaykant Prayagnarayan Shukla v. The Collector Of Thane State Excise Department And ORS

2023:BHC-AS:31685

42. WP 11922-2023.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11922 OF 2023 Jaykant Prayagnarayan Shukla .Petitioner Vs.

The Collector of Thane & ors.

.Respondents Ms. Veena Thadani i/b. Mr. Vishal Thadani, Advocate, for the Petitioner Mr. S. D. Bhate i/b. Savita Bhate & Associates, Advocate, for Respondent No. 2 Mr. A. P. Vanarase, AGP, for the Respondent - State Mr. S. R. Lad, Inspector of State Excise, 'F' Division, Thane present

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

19.10.2023 P. C.

1.

The challenge in the present Petition is to the order dated 01.09.2023 passed by the Collector, Thane by exercising powers under Section 54(1)(e) of the Maharashtra Prohibition Act, 1949.

2.

There is statutory Appeal against the said order which the Petitioner has already fled under Section 137(2) of the Bombay Prohibition Act.

3.

This Court vide order dated 25.09.2023 granted

42. WP 11922-2023.doc ad-interim relief in terms of prayer clause (c) and thereafter, by order dated 11.10.2023, both the parties were directed to maintain status-quo till the next date.

4.

Accordingly, as there is an alternate remedy of fling of statutory appeal which has already been availed, the Writ Petition is not required to be entertained.

5.

The State Excise Commissioner before whom the said statutory appeal is fled is requested to dispose of the Appeal within a period of eight weeks from today. Till disposal of the said Appeal, parties to maintain status-quo.

6.

The Writ Petition is disposed of in above terms with no order as to costs.

7.

It is clarifed that this Court has not examined merits and all the contentions on merits are expressly kept open. (MADHAV J. JAMDAR, J.)