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Bombay High CourtWP/3538/2024disposed off

Somnath Pandurang Kate v. The State Of Maharashtra Thr Its Honorable Minister State Excise And ORS

2025-01-21Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

Digitally signed by PRASHANT VILAS RANE Date:

2025.01.27 13:27:17 +0530 502wp3537-24.odt PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3537 OF 2024 Somnath Pandurang Kate ..Petitioner VS The State of Maharashtra & Ors.

..Respondents WITH WRIT PETITION NO. 3655 OF 2024 Vaibhav Arun Harnaskar ..Petitioner VS The State of Maharashtra & Ors.

..Respondents WITH WRIT PETITION NO. 3538 OF 2024 Somnath Pandurang Kate ..Petitioner VS The State of Maharashtra & Ors.

..Respondents __________ Mr. S. R. Nargolkar with Mr. Santosh L. Patil and Ms. Shraddha Kadam, for the Petitioners.

Mr. B. V. Samant, Addl. Govt. Pleader with Ms. Tejas Kapre, AGP for the State in WP 3537/24 & WP 2538/24.

Ms. Poratibha J. Gavhane, AGP for the State in WP 3655/24. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

21 JANUARY 2025 P.C.:

1.

Not on board. Taken on board upon mentioning on a praecipe as moved on behalf of the petitioners.

2.

Two of the aforesaid petitions being Writ Petition Nos.3538 of P. V. Rane

502wp3537-24.odt 2024 and Writ Petition No.3655 of 2024 were heard yesterday and kept for orders to be passed.

3.

However today learned Counsel for the petitioners seeks leave to withdraw all these petitions keeping open all contentions of the petitioners to be urged in the proceedings initiated under Section 54 of the Maharashtra Prohibition Act under the impugned notice. 4.

We accordingly permit the petitioners to withdraw these petition with liberty as prayed for.

5.

At this stage, learned Counsel for the petitioners would submit that in the event an order adverse to the petitioners is passed, the same be not given effect for some time. We accept such request. If an order adverse to the petitioners is passed, the same shall not be given effect for a period of two weeks, to enable the petitioners to take recourse to the appropriate remedy available under law. This limited protection in no manner shall be construed as an expression on the merits of the matter. 6.

Disposed of. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] P. V. Rane