Anil S/O Ramkrishnabapu Khedikar v. Commissioner, State Excise Department, Mumbai And Others

2025:BHC-NAG:4937 1 916-WP No.7031.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7031 OF 2024 Anil S/o Ramkrishnabapu Khedikar ..VS..

Commissioner, State Excise Department, Mumbai and others ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Himanshu Khedikar, Advocate h/f. Mr. S. P. Bodalkar, Advocate for Petitioner.

Mr. B. M. Lonare, AGP for Respondent Nos.1 to 3 and 6. Mr. S. S. Jagtap, Advocate for Respondent No.4. CORAM : SMT. M.S. JAWALKAR, J.

DATED : 08 th MAY, 1.

Heard learned Counsel for the parties.

2.

Admittedly, the order dated 18.10.2024, passed in Appeal No.222/2024 (Niraj Khedikar Vs. The Collector, Bhandara & Ors.), passed by the Commissioner of State Excise/Respondent No.1 is under challenged in this writ petition.

3.

There is revision provided under the Act, which is not disputed by the present Petitioner. In para 24, he has also mentioned that he has preferred a revision before the State Government, Department of State Excise, Mumbai, however, the Secretary of the State Excise Department informed that revision cannot be taken before formation of new

2 916-WP No.7031.2024 Government. In this background, the present Petition is filed.

4.

Now the Government is in order and revision should be heard finally. There is no propriety to keep the writ petition pending.

5.

As such, the Writ Petition stands dismissed.

6.

The Petitioner is at liberty to pursue the revision application before the Hon'ble Minister, Department of State Excise, Mumbai. The Hon'ble Minister is hereby directed to dispose of the revision within a period of four months.

The Writ Petition stands disposed of in above terms. No order as to costs.

(SMT. M.S. JAWALKAR, J.) Kirtak