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Bombay High CourtWP/8911/2024disposed off

Deepak R Keswani v. The State Of Maharsahtra Thr Its Principal Secretary State Excise Dept. And ANR

2024-07-08Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Justice Shri Arif S. Doctor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8911 OF 2024 Deepak R. Keswani .. Petitioner

Versus

The State of Maharashtra & Anr.

.. Respondents by UTKARSH KAKASAHEB BHALERAO Date:

2024.07.09 10:53:51 +0530 Mr.Arvind Aswani, Advocate for the Petitioner. UTKARSH KAKASAHEB BHALERAO Ms.S.D. Vyas, Addl.G.P. for Respondent/State.

CORAM

:B. P. COLABAWALLA & ARIF S. DOCTOR, JJ.

DATE : JULY 08, 2024 P. C.

1.

The above Writ Petition is filed seeking quashing and setting aside the Order/Communication dated 28th May 2024 bearing No.FLR112024/HOTELSAMAR/PI-CHI passed by Respondent No.2. No show cause notice was issued to the Petitioner to show cause as to why his license should not be suspended. By order dated 28th May 2024 the liquor license granted to the Petitioner has been suspended indefinitely.

2.

The grievance made by the Petitioner is that under no circumstances can the license be suspended indefinitely and the authorities ought to pass an order in relation to the Petitioner's case in which a hearing took place on 5th June 2024.

3.

The learned advocate submitted that in the facts of Petitioner's case, the violations alleged are all compoundable and do not warrant suspension of the license. He therefore, submitted that the suspension order ought to be stayed till the order is passed by Respondent No.2 in the case of the Petitioner. 4.

We have heard the learned counsel for the Petitioner at some length. We are not inclined to stay the suspension order because we are inclined to direct Respondent No.2 to pass its order in relation to the hearing held by him on 5th June 2024 (Petitioner's case) within a period of 4 weeks from today. Once this is the case, we do not think that the suspension order ought to be stayed because on the passing of the order by Respondent No.2, the suspension order will automatically come to an end, unless some punishment is imposed for the alleged offences.

5.

In these circumstances, we dispose of this Writ Petition by directing Respondent No.2 to pass an order in relation to the hearing held by him on 5th June 2024 in relation to FLR112024/HOTELSAMAR/PI-CHI as expeditiously as possible, and in any event, within a period of 4 weeks from today. Needless to add that we have not opined on the merits of the matter which shall be decided by Respondent No.2 whilst passing its order.

6.

Writ Petition is accordingly disposed of. However, there shall be no order as to costs.

7.

Personal Assistant of this Court. All concerned will act on production by [ARIF S. DOCTOR, J.] [B. P. COLABAWALLA, J.]