Dilip Jamnadas Giyanani v. The State Of Maharashtra And 7 ORS

- 1 - (WPL 218 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 218 OF 2015 Dilip Jamnadas Giyanani ....Petitioner Vs.

The State of Maharashtra and Ors.

....Respondents *********** Mr.Charanjeet Chanderpal for Petitioner Mr. P.S. Dani, Senior Counsel a/w. Mr. H.N. Vakil a/w. Mr. C. Angel i/b. Mulla & Mulla for Respondent No.4 Mr.D.A. Nalawade -Government Pleader for Respondent Nos.1 to 3, 5 to 7.

*********** CORAM : V. M. KANADE & A.R. JOSHI, J.J.

DATE : APRIL 9, 2015 P.C. :

1.

Since during the pendency of the petition, the Collector has granted the relief as prayed by the Petitioner, the writ petition practically has become infructuous. Secondly, during the pendency of the petition, certain subsequent events have taken place viz. the Commission -State Excise has stayed the order passed by the Collector, the learned counsel for the Petitioner, therefore, seeks leave to withdraw the writ petition with liberty to file an appropriate proceeding.

2.

Writ petition is allowed to be withdrawn with liberty as prayed and it is, accordingly disposed of. All contentions raised by the 1/2

- 2 - (WPL 218 of 2015) Petitioner are kept open. It is open for the Petitioner to challenge the impugned order passed by the Commissioner of State Excise or move before the Commissioner for the purpose of vacating the interim order. Notice of Motion (L) No. 240 of 2015 does not survive and it is also disposed of.

[A.R. JOSHI, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2