Tres Commas Hospitality Llp v. The Collector Of Pune State Excise Dept.And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2024.08.01 18:58:32 +0530 ASHVINI BAPPASAHEB KAKDE WRIT PETITION NO.10667 OF 2024 M/s. Tres Commas Hospitality LLP (The Millers) .. Petitioners

Versus

The Collector of Pune & Anr.

.. Respondents Mrs. Veena B. Thadhani a/w. Ms. Bharti Nyaynirgune and Ms. Rutuja Gaikwad for the Petitioners.

Ms. S. R. Crasto, AGP for Respondent/State.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed seeking a direction to Respondent No.1 to forthwith pass an order in relation to the hearing held by him on 5th June 2024 in relation to FLR 112024/6066/FL-3 City/4352 as per the Notice dated 28th May 2024. The other relief sought is to quash and set aside the Order dated 22nd May 2024. The Show-Cause-Notices dated 28th May 2024 and 8th May 2024 were issued to the Petitioners to show cause as to why his license should not be suspended. By the Order dated 22nd May 2024 the liquor license granted to the Petitioners has been suspended indefinitely.

2.

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

3.

The learned Advocate submitted that in the facts of Petitioners' case, the violations alleged are all compoundable and do not warrant suspension of the license. She therefore, submitted that the suspension orders ought to be stayed till the order is passed by Respondent No.1 in the case of the Petitioners.

4.

We have heard the learned counsel for the Petitioners at some length. We are not inclined to stay the suspension order because we are inclined to direct Respondent No.1 to pass its order in relation to the hearing held by him on 5th June 2024 (Petitioners' case) within a period of two 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.1 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.1 to pass an Order in relation to the hearing held by him on 5th June 2024 in relation to Show-Cause-Notice dated 28th May 2024 bearing No.FLR 112024/6066/FL-3 City/4352, as expeditiously as possible, and in any event, within a period of two weeks from today. Needless to add that we have not opined on the merits of the matter which shall be decided by Respondent No.1 whilst passing its order.

6.

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

7.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]