Mrs. Shakuntala Wd/O Himmatrao Saraykar v. State Of Maharashtra, Through Secretary, State Excise, Mumbai And Others

20.12.wp.5643.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5643/2016 (Mrs. Shakuntala wd/o Himmatrao Saraykar vs. The State of Maharashtra and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Shri Anand Jaiswal, senior counsel with Smt.Radhika Bajaj, Advocate for the petitioner Mr. Bharati Dangre, Government Pleader for Respondent Nos. 1 to 4 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 20th December, 2016.

Heard.

By this petition, the petitioner seeks a direction against the Collector, State Excise, Nagpur, to decide the petitioner's applications dated 22.2.2016 and 13.5.2016 respectively, accept the license fees from the petitioner for the current year, renew the license of the petitioner and permit him to operate the license in House No. 3362 /31/8 at Padole Nagar, Wathoda Road, Nagpur.

Shri Jaiswal, learned senior counsel for the petitioner states that the facts and the issues involved in this case were also involved in Writ Petition No.5637/2016 and this Court has, by the judgment dated 20.12.2016, allowed the said Writ Petition with identical prayers. The learned senior counsel seeks a similar order in this Writ Petition also Mrs.Dangre, the learned Government Pleader appearing for the respondents does not dispute the statements made on behalf of the petitioner and admits that the facts and the issues

20.12.wp.5643.16 involved in this Writ Petition are almost identical to the facts and issues involved in the decided Writ Petition. Hence, for the reasons recorded in the judgment dated 20.12.2016 in Writ Petition No. 5637/2016, we allow the Writ petition. The Collector, State Excise, is directed to accept the license fees and renew the license of the petitioner for the current year and permit the petitioner to operate the license in House No. 3362/31/8, if there is no other impediment in doing so.

Order accordingly. No costs.

JUDGE JUDGE sahare