Ashadevi Sheshraj Khairajani v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9726 OF 2015 Smt. Rajeshree Vijayrao Bakle Mr.D.R.Kale, Government Pleader for Respondents No.1 to 5. WITH WRIT PETITION NO.9790 OF 2015 Radheshyam Ayodhyaprasad Tripathi Mr.S.G.Karlekar, A.G.P. for Respondents No.1 to 5. WITH WRIT PETITION NO.9793 OF 2015 Jayant Manikrao Deshmukh Mr.D.R.Kale, Government Pleader for Respondents No.1 to 5. WITH

{2} WRIT PETITION NO.9798 OF 2015 Vilas Vitthalrao Bhusare Mr.D.R.Kale, Government Pleader for Respondents No.1 to 5. WITH WRIT PETITION NO.9802 OF 2015 Smt.Ashadevi Sheshraj Khairajani Mrs.A.V.Gondhalekar, A.G.P. for Respondents No.1 to 5. WITH WRIT PETITION NO.9763 OF 2015 Shankarrao Arjunrao Talekar Mr.D.R.Kale, A.G.P. for Respondents No.1 to 5. WITH WRIT PETITION NO.9727 OF 2015

{3} Atul Arvindrao Shelke Mr.D.R.Kale, Government Pleader. for Respondents No.1 to 5. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 29th September, 2015 PER COURT:

The grievance raised by respective petitioners in the instant petitions is that Respondent No.4 - Additional District Magistrate, Parbhani, in spite of tendering applications seeking renewal of Eating House Licenses, presented in March/April-2015, has not dealt with the applications and no orders have been passed. As a result of failure of the Additional District Magistrate to pass any order in respect of renewal of Eating House Licenses, the petitioners, who are also holders of FL-III licences, are facing difficulties in securing renewal of their licenses from the competent authorities of Excise Department.

It is brought to our notice that the Commissioner of State Excise has extended protection to the petitioners until end of September 2015 and has requested the Additional District Magistrate to take decision on the applications tendered by petitioners for renewal of Eating House Licenses.

{4} The petitioners apprehend that as a result of failure on the part of Additional District Magistrate to deal with the applications, they may have to stop the FL-III outlets after expiry of period extended by the appellate authority.

In the facts and circumstances, these petitions can be disposed of by directing the Additional District Magistrate, Parbhani, to take decision on the applications tendered by respective petitioners for renewal of Eating House Licenses, as expeditiously as possible, preferably within a period of fifteen days from today; and it is accordingly directed. Since petitioners have been protected by the Commissioner of State Excise until the end of September, 2015, we deem it appropriate to extend protection granted by the Commissioner of State Excise until the end of October, 2015. In the event of issuance of any adverse order/s by the Additional District Magistrate, it would be open for the petitioners to avail of alternate remedies available in law. With the directions as above, writ petitions stand disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp972615