New Kadam Bar And Restaurant, Thr. Its Partner, Anand S/O Ravindra Palanadurkar v. State Of Maharashtra, Thr. Secretary, State Excise Department, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 6533 of 2024 New Kadam Bar and Restaurant through its Partner, Anand S/o Ravindra Palanadurkar

Versus

State of Maharashtra, through Secretary, State Excise Department, Mumbai and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri H.A.Khedikar, Advocate for the petitioner. CORAM : N.R.BORKAR, J.

DATED : 12th NOVEMBER, 2024.

The learned counsel for the petitioner seeks leave to amend the prayer clause. Leave is granted. Necessary amendment shall be carried out forthwith. 2.

This petition takes exception to the order dated 9th October, 2024 passed by the respondent No.1State Government. 3.

By the order dated 16th September, 2020, the respondent No.3 - the Commissioner State Excise, allowed the appeal filed by the petitioner against the order of respondent No.4 - the Collector, Nagpur, by

which the application filed by the petitioner for grant of FL-III license was rejected.

4.

The learned counsel for the petitioner submits that after two years of passing the order by respondent No.3, respondent No.6 herein had filed the revision before the respondent No.1 and by the order impugned the respondent No.1 has allowed the said revision. It is submitted that the respondent No.1 has passed the order only on the basis of surmises and conjectures. It is submitted that due to the impugned order the business of the petitioner came to stand still. 5.

I have perused the impugned order, prima facie, there appears to be substance in the submission of the learned counsel for the petitioner.

6.

Issue notice to the respondents, returnable on 5th December, 2024.

7.

Ms. Prachi Joshi, learned Assistant Government Pleader waives service of notice on behalf of the respondent Nos. 1 to 5/State.

8.

Till next date, there shall be ad-interim relief in terms of prayer clause (h).

[N.R.BORKAR, J.] Signed by: Mr. S.K. NAIR Designation: PA To Honourable Judge Date: 13/11/2024 16:21:38