Ganeshlal S/O. Ayodhyaprasad Jaiswal v. Deputy Commissioner Of State Excise, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4 752/2023 Shri Ganeshlal S/o Ayodhyaprasad Jaiswal, aged about 73 Yrs., Occ. Business, R/o 267, Main Road, Rui, Dist. Yavatmal.

...

Petitioner - Versus - 1.

Deputy Commissioner of State Excise having its office at 2nd Floor, Old Custom House, Shahid Bhagat Singh Road, Fort, Mumbai 400 023.

2.

The Collector Yavatmal City, Yavatmal.

3.

Superintendent of State Excise, Yavatmal.

... Respondent s ----------------- Mr. S.P. Bodalkar, Counsel for the Petitioner. Ms. N.P. Mehta, Assistant Government Pleader for Respondent Nos.1 to 3.

---------------- CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ. DATE : 31.7.2023 ORAL JUDGMENT (Per A.S. Chandurkar, J.) Considering the short issue involved, the notice to respondents is made returnable forthwith. Ms. N.P. Mehta,

learned Assistant Government Pleader waives notice for the respondents.

2.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. 3.

The petitioner being desirous of shifting his CL-III licence from Mouza Rui, Taluka and District Yavatmal to Mouza Runza, Taluka Kelapur, District Yavatmal had approached the respondent Nos.2 and 3. The State Excise Authority by order dated 17.3.2023 had issued a communication to the respondent No.3 stating therein that necessary steps be taken pursuant to the approval granted for such transfer under Rule 25(b) of the Maharashtra Country Liquor Rules, 1973. According to the petitioner despite the order dated 17.3.2023 further steps have not been taken by the respondent No.3.

4.

In aforesaid facts, the respondent No.3 is directed to take further steps pursuant to the communication dated

17.3.2023 that has been issued by the respondent No.1. In case there is no other impediment, such steps be taken within four weeks from receiving copy of this judgment. Rule is disposed of in the aforesaid terms. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.) Tambaskar.

Signed By:NEELESH VILASRAO TAMBASKAR Private Secretary Date:02.08.2023 11:26