Shri Jagdish T. Amlani v. The Honble Minister To The Gov. Of Maharashtra And ANR

19.wp.156.23.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 156 OF 2023 Jagdish T. Amlani M/s. Sagar Wines, FL-II Licence No.215.

..Petitioner

Versus

The Hon'ble Minister to the Government of Maharashtra State Excise Department and Ors. ..Respondents ....................

 Mr. Vinayak Salokhe a/w. Ms. Megha Jani and Ms. Anjali Shah i/by D.B. Savant, Advocate for Petitioner.

 Mr. P.G. Sawant, AGP for the State.

...................

CORAM :MILIND N. JADHAV, J.

DATE :FEBRUARY 03, 2023.

P.C.:

1.

Heard Mr. Salokhe, learned Advocate for the Petitioner and Mr. P.G. Sawant, learned AGP for the State.

2.

The Petitioner is aggrieved by the twin orders dated 19.07.2022 and 17.10.2022 passed by Respondent No.3 - Collector and Respondent No.2 - Commissioner in respect of levying privilege fee for shifting of FL-II licence under the provisions of Rule 4(d) of the Bombay Prohibition (Privileges Fees) Act, 1949 and Rules thereunder. 3.

Record indicates that the Petitioner has filed Revision Application against the impugned orders before the Revisional Authority on 15.11.2022 which is at page No.73 of the Writ Petition.

19.wp.156.23.doc 4.

Mr. Salokhe, learned Advocate for the Petitioner would submit that the impugned action is violative of the statutory provisions as taken cognizance by this Court in similar such cases which has been set aside. He has referred to and reled upon the decision of this Court dated 29.08.2022 in Writ Petition No.3028 of 2022 in the case of Laxmidevi Ramraj Gupta Vs. State of Maharashtra in support of his submissions.

5.

Be that as it may, considering that the Revision Application has been filed, it would be in the interest of justice, if the Revisional Authority is directed to dispose of the Revision Application within a period of three weeks from today.

6.

Respondent No.1 is thus directed to decide the Revision Application dated 15.11.2022 within a period of three weeks from today.

7.

The Petitioner shall present himself before Respondent No.1 on 06th February, 2023 at 12:00 noon with an authenticated copy of this order.

8.

The Revisional Authority is directed to take cognizance of the decision passed by this Court in similar matters and decide the Application strictly in accordance with law. 9.

Writ Petition is disposed.

[ MILIND N. JADHAV, J. ] AJAY TRAMBAK UGALMUGALE AJAY TRAMBAK UGALMUGALE Date: 2023.02.03 16:41:17 +0530