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Bombay High CourtWP/11358/2022disposed off

M/S Pande Petroleum Through Its Proprietary Deviprasad Chunnilal Pande v. The State Of Maharashtra Through Its Secretary And Others

2022-11-16Hon'Ble Shri Justice Sandeep V. Marne2 pages

1 917-WP-11358-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO.11358 OF 2022 M/S PANDE PETROLEUM THROUGH ITS PROPRIETARY DEVIPRASAD CHUNNILAL PANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr Shubham S.Khoche AGP for Respondent/State : Mr K.B. Jadhavar Advocates for Respondent No. 5 : Mr Rajendra Deshmukh, Senior Advocate a/w Ms Suchita K. Kothale i/by Mr Dhanraj P. Munde Advocate for Respondent No.6 : Mr A.P. Bhandari CORAM : SANDEEP V. MARNE, J.

DATE : 16th NOVEMBER, 2022 PER COURT :

1.

By the present petition, the petitioner challenges the order dated 9th November, 2022 passed by the Collector, Beed cancelling the No Objection Certificate for operation of the retail outlet of respondent No. 6.

2.

The petitioner has already filed statutory appeal under the provisions of Section 154 of the Petroleum Rules 2002 before the Divisional Commissioner, Aurangabad.

3.

The learned AGP points out that the Divisional Commissioner has fixed the appeal for hearing on 21st November, 2022. 4.

Mr Bhandari, learned counsel appearing for respondent No. 6 submits that his client is also aggrieved by the impugned order dated

2 917-WP-11358-2022 09.11.2022 and in the process of filing its own appeal before the Divisional Commissioner. He submits that his client shall make an endeavour to file its own appeal before the appeal of the petitioner is taken up for hearing on 21st November, 2022.

5.

Since the petitioner has already filed statutory appeal before the Divisional Commissioner, Aurangabad, the present petition cannot be entertained.

6.

Since the appeal is fixed for final hearing on 21.11.2022, the Divisional Commissioner, Aurangabad shall proceed to hear the appeal of the petitioner on that day and to decide the same. If respondent No. 6 presents his own appeal challenging the order dated 09.11.2021 before the appeal of the petitioner is taken up for hearing, the same shall be heard by the Divisional Commissioner along with the appeal of the petitioner.

7.

With the above directions, the writ petition is disposed of. [ SANDEEP V. MARNE, J.] mta