Vedant Parmanand Jaiswal v. The State Of Maharashtra, Thr. Secretary, Department Of State Excise, Mumbai And Others
2023:BHC-NAG:17528-DB 1 WP-8370-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Writ Petition No.8370 of 2023 Shri Vedant Parmanand Jaiswal
Versus
The State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court'
s orders of directions Court' s or Judge'
s order and Registrar'
s orders.
Shri S.S. Shingane, Counsel for Petiioner.
Shri A.A. Madiwale, Assistant Government Pleader for Respondents. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
ATE : 21 st DECEMBER, .
1.
Heard.
2.
The petitioner approached the respondent No.3-Collector, State Excise, Yavatmal with a prayer for grant of FL-III Licence (Bar and Restaurant) under the provisions of the Maharashtra Prohibition Act, 1949. Such prayer was rejected by the Collector vide order dated 10-4-2023, which is subject-matter of challenge in appeal preferred by the petitioner under Section 137 of the said Act. We are informed that the said appeal is pending for last more than six months and the respondent No.2-Commissioner for State Excise, who is competent to decide the appeal, has even not taken cognizance of the same by scheduling the said appeal for final hearing. In this background, it is prayed that the direction be issued to decide the appeal.
3.
The learned Assistant Government Pleader for the respondents submits that he may be granted time to take instruction from the respondents so that he will be able to make a statement as to within what period the appeal can be decided.
4.
Be that as it may, we deem it appropriate in the circumstances of the present case to direct the respondent No.2-Commissioner for State Excise to decide the appeal of the petitioner as expeditiously as possible and in any case within a period of four months from the date of production of the copy of this order, provided the appeal is not already decided.
2 WP-8370-2023.odt 5.
In view of aforesaid observations and direction, the petition stands disposed of.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR