Bombay High CourtWP/4054/2016dismissed

Smt. Meenabai Motiram Patil v. The Commissioner, State Excise Dept. And ORS.

2016-10-19Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar1 pages

50-4054.2016.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4054 OF 2016 Smt. Meenabai Motiram Patil ... Petitioner

Versus

The Commissioner, State Excise Department, and Ors.

... Respondents Mr. Vivek Salunke for the petitioner.

Ms. R.M. Shinde, AGP for R. Nos. 1 to 3.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : OCTOBER 19, 2016.

P.C.

Having heard learned counsel for the parties, we find that the petition is wholly misconceived as the petitioner is seeking direction to the respondents to take action against the officer who has objected before the trial court in the application filed by the petitioner for release of his vehicle on supratnama. We find that the officer concerned has taken usual objection which cannot be said to be the objection which was beyond his authority or scope. As a result, no case is made out to direct the respondent no.2 to initiate action against the said officer. Petition fails and the same is dismissed. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)