Sunil Sundardas Alimchandani v. District Collector, State Excise Department, Akola And Another

2023:BHC-NAG:15754-DB 63 WP-6840-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6840 OF 2023 [Sunil Sundardas Alimchandani ..V/s.. District Collector and Anr.] ___________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr U. J. Deshpande, Advocate for Petitioner.

Ms R. Sharma, AGP for Respondent Nos.1 and 2. CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ. th OCTOBER, 2023.

DATE : 27 1.

While issuing notice a direction was issued to the Collector, State Excise to consider the petitioner's explanation pursuant to the notice dated 28.09.2023. It is informed that on 20.10.2023 the Collector has passed an order cancelling the FL-3 license that was issued to the petitioner. Though the petitioner has moved Civil Application No.3172 of 2023 for amending the writ petition and challenging the said order, we find that the statutory remedy in the form of Appeal under Section 137 of the Maharashtra Prohibition Act, 1949 (for short, "the said Act") is available to the petitioner. 2.

Hence with liberty to the petitioner to challenge the order dated 20.10.2023 under Section 137 of the said Act the writ petition is disposed of. In case the petitioner files such Appeal within a period of ten days from today, same shall be decided expeditiously and preferably within a period of four weeks of such Appeal being filed. All points raised in the writ TAMBE

63 WP-6840-2023 petition are kept open. The civil application is also disposed of. (ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.) TAMBE