Shri Ganpat Vithal Jagtap v. The State Of Maharashtra Through Principal Secretary, Home (State Excise) And ORS.

wp11704 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.11704 OF 2014 Ganpat Vithal Jagtap

...Petitioner

vs.

The State of Maharashtra and others

...Respondents

Mr.D.B.Savant for the petitioner Mr.V.S.Gokhale, AGP for the respondent Nos.1 to 3 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : JANUARY 30, 2015 P.C.:

Heard the learned counsel for the petitioner and the learned AGP for the respondent Nos. 1 to 3. The petitioner made an application to the District Collector seeking transfer of the CL-III licence. The District Collector rejected the said application by order dated 15th February 2014.

Being aggrieved by the said order, the petitioner preferred a revision application before the State Government. The case made out in the petition is that the revision application was heard on 20th May 2014 by the then Cabinet Minister of the State Excise Department. It is stated that however no order was passed on the revision application. In view of the case made out in the petition, the revision application will have to be re-heard as the Hon'ble Minister who heard the revision

wp11704 application has ceased to be the Minister of the State Excise Department.

We accordingly dispose of the petition by passing the following order:

(I) We direct the petitioner or his authorised representative to appear before the Revisional Authority on 27th February 2015 at 3.00 p.m.; (II) The petitioner shall produce an authenticated copy of this order on that date before the Revisional Authority;

(III) The Revisional Authority shall decide the revision application afresh as expeditiously as possible and in any event within a period of three months from 27th February 2015;

(IV) All contentions on merits are kept open;

(V) Writ Petition is disposed of on above terms.

(A.K.MENON,J.) (A.S.OKA,J.)