Smt Neelam Ganesh Suryawanshi M/S Airking Restruant v. The State Of Maharashtra Throu. Principal Sec. Home(State Excise ) Maharastra State And ANR )

11 wp 14894.23.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14894 OF 2023 Smt. Neelam Ganesh Suryawanshi

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr. D.B. Savant a/w Mr. Vinayak Salokhe, Ms. Sampada Khanolkar for Petitioner.

Mrs. M.S. Srivastava, AGP for State.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

5th December 2023 P.C.:

1.

Heard Mr. Savant, learned Counsel appearing for the Petitioner and Mrs. Srivastava, learned AGP.

2.

The Writ Petition is filed under Article 227 of the Constitution of India challenging the legality and validity of the order dated 4th October 2023 passed by the Collector, Pune.

3.

Mr. Savant states that he has filed statutory appeal under Section 137 of Bombay Prohibition Act, 1949, challenging the said order dated 4th October 2023, 1/2

11 wp 14894.23.doc however, neither the said Appeal nor the stay application filed in the said Appeal is being considered.

4.

Mrs. Srivastava, learned AGP states that the stay application or the Appeal will be considered expeditiously. 5.

Accordingly, the Commissioner for State Excise, Maharashtra State, Mumbai is directed to dispose of the Appeal or the stay application filed in the Appeal on or before 21st December 2023.

6.

Accordingly, the Writ Petition is disposed of in above terms with no order as to costs.

7.

It is clarified that this Court has not considered the merits and all contentions of the parties on merits are expressly kept open.

(MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2023.12.07 11:15:49 +0530 2/2