Bombay High CourtWP/4034/2014dispossed offdismiss for default

Shri Anand S/O Udaynarayan Singh v. State Of Maharashtra, Through The Secretary, State Exicise Department, Mumbai And 3 Others

2015-07-13Hon'Ble Shri Justice A.S. Chandurkar2 pages

1307wp4034.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4034 OF 2014 Anand Udaynarayan Singh Vs. State of Mah. State Excise Deptt. Mumbai & Ors. ...................................................................................................................................................................... ..

Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...................................................................................................................................................................... ..

Shri S. G. Jagtap Adv for petitioner.

Shri S. M. Bhagde AGP for respondent nos. 1 to 3. Shri R. Dhoble, Adv for respondent no. 4.

CORAM: A.S.CHANDURKAR J.

DATED: 13th JULY, 2015.

In the present writ petition order dated 30.04.2014 passed by the respondent no. 2 rejecting the objections raised by the present petitioner with regard to the FL-III Licence standing jointly in the name of petitioner and respondent no.4 is under challenge. During pendency of the petition and in terms of order dated 04.02.2015 the respondent no.2 has passed a fresh order dated 25.03.2015 deleting the name of the present petitioner from the FL-III Licence.

Shri S. G. Jagtap, learned counsel for the petitioner however submits that though the name of present petitioner has been deleted from the FL-III Lincence certain conditions have been imposed while retaining the name of petitioner in the Eating House License. He states that these conditions could

1307wp4034.14 not have been imposed.

Considering the subsequent developments and the order dated 25.03.2015, it is clear that imposition of conditions for deleting the name from the Eating House License furnishes a fresh cause of action to the petitioner. With liberty to the petitioner to challenge imposition of conditions pursuant to order dated 25.03.2015, the present writ petition stands disposed of. Contentions of the respondents in that regard are kept open. JUDGE svk