Jayaram Domba Shetty v. The Collector, Mumbai City And 3 Others

903 &904 wpl 387-17&389-17=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 387 OF 2017 WITH WRIT PETITION (L) NO. 389 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.D.Soni i/b Shree & Company for the Petitioners in both W.P.

Mr. Asif Patel, AGP for the Respondents/State in both W.P.

CORAM : K. K. TATED, J.

DATED : 08/02/2017 P.C.:

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Heard learned Counsel for the parties.

The learned counsel for the petitioner submits that the Respondents without giving any hearing passed Notice-cum-Order dated 01.02.2017 and suspended Petitioner's Licence Nos. 39 and 199 in Writ Petition (L) No. 387/2017 and Licence Nos. 296 and 214 in Writ Petition (L) No. 389/2017. He submits that the action taken by the Respondent is contrary to law. He submits that neither the Respondent is given any date for hearing nor allowing the petitioner to carry on business. The learned AGP Mr. Asif Patel after taking instructions from his Officer Mr. Rathod Y. G., Dy. Superintendent State Excise, who is present in the Sneha Chavan 1/2

903 &904 wpl 387-17&389-17=.doc Court, makes a statement that the Respondent No.1 fixed the hearing in both the matters on 10.02.2017 at 3.00 p.m. He further submits that Respondent No.1 will decide the petitioner's cases on the same day and pronounce and hand over the copy of order on 13.02.2017.

The statement is accepted.

Liberty granted to the Petitioner, if he so desire to file his pleadings before Respondent No.1 on or before 09.02.2017.

In view of the statement made by learned AGP for Respondent, nothing survives in the present Writ Petitions.

Hence, both Writ Petitions stands disposed of as infructuous.

All contentions of both the parties are kept open.

(K.K.TATED, J.) Sneha Chavan 2/2