Leelabai Shankarlal Jaiswal And Another v. The Government Of Maharashtra Through Excise Department, Mumbai And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1542 OF 2021 1.Smt. Leelabai Shankarlal Jaiswal, Aged about 78 years, Occ.

Business.

2.Sanjay Shankarlal Jaiswal, Aged about 52 years, Occ.

Business.

Both r/o. Punoti Khurd, Tq.

Barshitakli, District Akola.

Now residing at Godbole Plot, Dabki Road, Akola, Tq. Dist.

Akola.

....... PETITIONERS // VERSUS // 1.The Government of Maharashtra, through Excise Department, Mantralaya, Mumbai.

2.The Learned Collector, Superintendent of State Excise Department, Akola, Tq. Dist.

Akola.

.......... RESPONDENTS

____________________________________________________________ Mr.D.P.Bhongade, Advocate for the Petitioners. Mrs.Ketki Joshi, I/c. G.P. for the Respondent Nos.1 and 2. CORAM : SUNIL B. SHUKRE & AVINASH G. GHAROTE, JJ.

DATE : 1.4.2021.

ORAL JUDGMENT (Per Sunil B. Shukre, J) :

1.

Rule made returnable forthwith. Heard finally with the consent of Mr.D.P.Bhongade, learned Counsel for the petitioner and Mrs.Ketki Joshi, learned I/c. Government Pleader, who appears on waiving service for respondent nos. 1 and 2. The hearing was conducted through Video Conferencing and the learned Counsel for the respective parties agreed that the audio and visual quality was proper.

2.

Learned Counsel for the petitioners does not press prayer clause (b) in the petition and seeks liberty to make the same prayer before the concerned Authority. The petition as regards prayer clause (b) of the petition is, thus, disposed of as not pressed with liberty as aforesaid.

3.

So far as prayer clause (a) in the petition is concerned, it is a limited prayer seeking direction to respondent no.2 to decide Application No.CLR 112021/1496 within a stipulated time. The petition is, therefore, partly allowed.

Respondent no.2 is directed to decide the application No.CLR 112021/1496 in accordance with law, within eight weeks from the date of receipt of this order.

Rule accordingly.

JUDGE JUDGE ssjaiswal Digitally signed by Suraj Jaiswal Date:

2021.04.01 16:49:14 +0530 Suraj Jaiswal