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Bombay High CourtWP/5792/2015dispossed offdismiss for default

Bhavna Manoj Jaiswal v. State Of Maharashtra Thr. Secretary State Excise Department, Mumbai And 3 Others

2016-01-22Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

24-WP-5792-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.5792 OF 2015 Bhavna Manoj Jaiswal -vsThe State of Maharashtra and ors.

------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. G. Jagtap, counsel for the petitioner. Ms Tajwar Khan, Assistant Government Pleader for the respondents.

CORAM : SMT. VASANTI A. NAIK & A.S.CHANDURKAR, JJ.

DATE : 22.01.2016 By this petition, the petitioner seeks a direction to the respondent No.3 Collector, State Excise to give effect to the order passed by the Commissioner, State Excise dated 30/06/2015 and permit the petitioner to run her business under FL-III License.

The respondent No.3 Collector, State Excise has filed an affidavit in reply. It is stated in the affidavit in reply that a report in regard to law and order is received from the Sub Divisional Officer, Nagpur and it is stated in the said report that if the petitioner is permitted to run FL-III License, there is a possibility of law and order problem. It is stated that after receiving the report from the Superintendent of Police, the Commissioner would hear the petitioner and an appropriate order would be passed after hearing the petitioner.

Shri S. G. Jagtap, the learned counsel for the petitioner

24-WP-5792-15 2/2 states that the grievance of the petitioner stands redressed in view of the statement made in paragraph 15 of the affidavit in reply filed on behalf of the Collector.

Hence, by accepting the statement made on behalf of the Collector in paragraph 15 of the affidavit in reply, which would be binding on the Collector, we dispose of the writ petition with no order as to costs.

An appropriate decision may be taken in the matter as early as possible and within a period of six weeks. Order accordingly.

JUDGE JUDGE Asmita