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Bombay High CourtCA/11008/2022disposed off

M/S Shah Medical And General Stores Through Its Proprietor Arif Ur Rehman Shah v. The State Of Maharashtra Through Its Secretary And Others

2022-07-26Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker3 pages

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11008 OF 2022 IN WP/5245/2022 M/S SHAH MEDICAL AND GENERAL STORES THROUGH ITS PROPRIETOR ARIF UR REHMAN SHAH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.S.S.Patunkar, Advocate for the petitioner/applicant. Mr.A.R.Kale, AGP for respondent Nos. 1 to 3.

( CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.) DATE : JULY 26, 2022 PER COURT :

1.

When we disposed off WP No.5245/2022, we had issued the following directions below paragraph No.6 :- "a. The petitioner shall appear before the Hon' ble Minister for State (Food and Drugs Administration), on 01.07.2022 at 1.00 p.m. b. The petitioner is at liberty to file written submissions and shall not seek an adjournment.

c. The Hon'

ble Minister would conclude the hearing on or before 08.07.2022, and thereafter, pass a reasoned order on 22.07.2022.

- 2 - d. Copy of the said order shall be served upon the petitioner." 2.

The learned Advocate for the applicant/petitioner submits that as the Council of Ministers is yet to be constituted, the application and a copy of the order sent by Speed Post AD in the name of "Rajyamantri", has been returned unclaimed.

3.

The learned AGP submits that the Council of Ministers is yet to be constituted and the petitioner will have to appear before the Minister for State after the portfolio is allocated.

4.

In view of the above, we find that this civil application needs to be entertained. We have, therefore, considered the prayers put forth by the applicant/petitioner. The civil application is partly allowed with the following directions by which we are issuing a fresh calendar for the proceedings to be heard and decided, as under :- [a] The petitioner shall appear before the Hon'

ble Minister for State (Food and Drugs Administration), on 29.08.2022 at 1.00 p.m. [b] The petitioner is at liberty to file written submissions and shall not seek an adjournment.

- 3 - [c] The Hon'

ble Minister would conclude the hearing on or before 30.08.2022, and thereafter, pass a reasoned order on 15.09.2022. [d] Copy of the said order shall be served upon the petitioner, expeditiously.

[e] The ad interim protection granted by this Court would continue till 15.09.2022.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J.)