The Astoria Agro And Allied Industries Pvt Ltd Through Its Authorized Officer v. Bhikan Dashrath Patil And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13560 OF 2024 Angad Mahendra Ghule .. Petitioner

Versus

The Collector of Pune, State Excise Department & Ors .. Respondents Ms.Veena Thadhani, with Ms.Rutuja Gaikwad, Ms. Bharti Nyaynirgune, Advocates for the Petitioner.

ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2024.11.11 23:50:08 +0530 Ms. S. D. Vyas, Addl. G.P., with Ms.V. R. Raje, AGP, for the State. CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

P. C.

1.

By order dated 17th October 2024, we had disposed of the above Writ petition by directing the Revisional Authority, namely, the Minister of State Excise, and who had already heard the Revision Application filed by the Petitioner, to pass an order as expeditiously as possible and in any event on or before 7th November 2024.

2.

We had also directed that in the meanwhile the suspension order dated 27th May 2024 shall remain stayed and kept in abeyance as more

particularly set out in paragraph 7 of the order dated 17th October 2024. We had kept the matter on Board today for reporting compliance. 3.

Today when the matter is called out, the learned AGP apologized for the delay and stated that the Hon'ble Minister for State Excise has not been able to pass an order on the revision filed by the Petitioner within the time stipulated because of the upcoming elections. She has, therefore, requested that further time be granted to complete the entire exercise. 4.

Considering these peculiar circumstances, as a last opportunity, we direct that the Hon'ble Minister for State Excise shall give a fresh hearing to the Petitioner as well as Respondent No.4 on or before 20th December 2024. In the said hearing, the Hon'ble Minister shall also take into consideration the report of the Collector of Pune dated 7th July 2024 (Exhibit- "H"to the Petition). Once a hearing is given, the Hon'ble Minister for State Excise shall pass his order on the said revision within a period of four weeks from the date of the hearing being concluded. 5.

It is needless to clarify that in the meanwhile the directions given by us in paragraphs 6 and 7 of the order dated 17th October 2024 shall continue.

6.

We now place the above matter for reporting compliance on 20th January, 2025.

7.

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