Manoj Devidasrao Ghodmare v. The State Of Maharashtra, State Excise, Mumbai Thr. Its Secretary And ORS.

1 21-6083-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6083 OF 2022 Manoj Devidasrao Ghodmare -- Petitioner Vs.

The State of Maharashtra and others -- Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.G. Jagtap with Mr. Sayajee Jagtap, Advocate for Petitioner Mr. N.R. Rode, AGP for Respondent Nos.1 to 3 CORAM : MANISH PITALE, J.

DATE : 29th SEPTEMBER, 2022 The petitioner has rushed to this Court by filing the present writ petition on the basis that although he has filed a revision petition before the competent authority of the State against the order dated 29/08/2022, passed by the respondent - Commissioner, whereby his appeal filed under Section 137(2) of the Maharashtra Prohibition Act, 1949, has been dismissed, as a consequence of which cancellation of his FL-III license has been confirmed, the revision petition is not being taken up for hearing. According to the petitioner, this is causing grave prejudice to him for the reason that during pendency of the appeal before the respondent - Commissioner, an interim order was operating, as a consequence of which, he was able to operate the Bar in the MP Deshpande

2 21-6083-2022 Restaurant being run by him. It is further submitted that stay application was also filed with the revision petition and the competent authority of the State is not taking up the revision petition along with the application for stay for consideration. 2.

Mr. Rode, learned Assistant Government Pleader has appeared on behalf of the respondent authorities. 3.

The writ petition is disposed of, in the interest of justice, by directing that the competent authority of the State before whom the revision petition filed by the petitioner is pending, to take up the revision petition along with the application for stay for consideration at the earliest and in any event pass appropriate orders on the application for stay within three weeks from the date of appearance of the petitioner before the said authority.

4.

The petitioner shall appear before the competent authority on 03/10/2022.

5.

The writ petition is disposed of.

JUDGE P DESHPANDE 10:15 MP Deshpande