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Bombay High CourtWP/16588/2024disposed off

Ramesh Bapurao Padamwar And ANR v. The State Of Maharashtra Thr. Minister Of State Excise And ORS

2024-11-12Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

2.WP.16588.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16588 OF 2024 Ramesh Bapurao Padamwar & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Ms Megha Jani i/b. D.B. Savant, Advocate for Petitioners. Mr. A.I. Patel, Addl.G.P. a/w. Mr. M.M. Pabale, AGP for Respondent-State.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : NOVEMBER 12, 2024 P. C.

1.

The above Writ Petition is filed seeking the following reliefs:- "(a) This Hon'ble Court be pleased to issue by appropriate writ, orders or directions under Article 227 of the Constitution of India calling from the papers and proceedings in respect of Petitioners file pertaining to FLII Licence of the Petitioner and after scrutinizing the validity and legality thereof the order passed by Respondent No.2 in Appeal No.150 of 2024 dated 1st July 2024 be quashed and set aside and order passed by Respondent No.3 dated 5th April, 2024 be confirmed." Digitally signed by AARTI GAJANAN PALKAR Date:

2024.11.14 10:36:46 +0530 AARTI GAJANAN PALKAR November 12, 2024 Aarti Palkar

2.WP.16588.2024.doc 2.

Despite this relief, the Learned Counsel appearing for the Petitioners submitted that the order passed by Respondent No.2 in Appeal No.150 of 2024 dated 1st July, 2024 was challenged by the Petitioners in revision before Respondent No.1. It now transpires that Respondent No.1 has passed the order in the revision filed by the Petitioners and also communicated to him. The Learned Counsel appearing for the Petitioners stated that therefore this Writ Petition has become infructuous and the Petitioners would be taking appropriate steps to challenge the order passed by Respondent No.1 by adopting appropriate proceedings. In these circumstances, we dispose of the above Writ Petition as infructuous. 3.

We may clarify that the Petitioners are free to adopt appropriate proceedings to challenge the order passed by Respondent No.1.

4.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.] November 12, 2024 Aarti Palkar