Mohammed Ziya Mohammed Osman v. The State Of Maharashtra And Others

1 WP 9686 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 9686 OF 2016 MOHAMMED ZIYA MOHAMMED OSMAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS -------- Shri. H.I. Pathan, Advocate, for petitioner. Shri. S.K. Tambe, Assistant Government Pleader, for respondent Nos.1 to 3.

---------- CORAM: T.V. NALAWADE, J.

DATE : 22 SEPTEMBER 2016 ORDER:

1) Notice. Learned Assistant Government Pleader waives notice. Heard both the sides.

2) Learned Assistant Government Pleader drew attention of this Court to the provision of section 137 of the Maharashtra Prohibition Act. The provision shows that appeal lies against the orders of the Collector even if it is the order of suspension of licence. In such circumstances, this Court is not expected to use extraordinary jurisdiction. There is liberty to the petitioner to file

2 WP 9686 of 2016 appeal. Learned counsel submitted that till filing of the appeal, some protection needs to be granted in favour of the petitioner. This submission is not acceptable as that will create a bad precedent.

3) Learned counsel for the petitioner produced copy of order made by this Court (Nagpur Bench) in Writ Petition No.4634/2016 (M/s T.N. Badki v. The Collector Yavatmal) and submitted that in the said matter this Court allowed the writ petition and set aside the order made in similar circumstances. In view of aforesaid positive provision of law, this Court is avoiding to express anything with regard to the order made by the Nagpur Bench. When there is express provision, this Court is not expected to use extraordinary jurisdiction. The petition stands dismissed with the aforesaid liberty.

Sd/- (T.V. NALAWADE, J. ) rsl