Gauri Manoj Kanichhey v. The State Of Maharashtra Thru. Secretary And ANR

Digitally signed by GAURI AMIT GAEKWAD Date:

2026.02.12 20:03:00 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.637 OF 2026 Gauri Manoj Kanichhey ....Petitioner

Versus

The State of Maharashtra and Anr.

....Respondents ---- Mr. Vinayak Salokhe a/w. Ms. Megha Jani, Ms. Sampada Khanolkar and Ms. Hitanshi Sanghvi for the Petitioner.

Mr. O.A. Chandurkar, Addl. GP a/w. Mr. A.K. Naik, AGP for the Respondent - State.

---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 11th FEBRUARY, 2026 P.C. :- 1.

We have heard the learned Advocate for the Petitioner and the learned Addl. GP.

2.

Since the suspension order indicates that it also includes a show cause notice, we find that the directions, which we propose to pass hereunder, would solve the problem of the Petitioner. The Petitioner wants a quick hearing and a decision.

3.

In view of the above, by consent of the learned Addl. GP, on instructions, we direct as under :

(a) Respondent No.2 would arrange a hearing on the notice dated 21st December, 2025 at 11.00 a.m. on 13th February, 2026 in his office. The Petitioner would appear before Respondent No.2 as per the said schedule;

(b) The Petitioner is permitted legal assistance and written notes of submissions including case law, can be tendered before Respondent No.2 on the same day;

(c) After the hearing is concluded, Respondent No.2 would pass a reasoned order on 18th February, 2026 (before noon), on the following points :

(i) Whether the blemishes / deficiencies or irregularities can be condoned by giving a chance to the Petitioner, with imposition of costs or penalty;

(ii) What could be the commensurate action considering the gravity and seriousness of the deficiencies set out in the show cause notice dated 21st December, 2025;

(iii) After the conclusion of the hearing, an order be passed on 18th February, 2026, and the same shall be served upon the Petitioner on the following email address :

"manojkanichey23735@gmail.com"

(iv) If Respondent No.2 desires to penalise the Petitioner and by condoning the deficiencies, grant her an opportunity for

improvement, the shop sealed under his order, would be de-sealed on the conditions that may be imposed by Respondent No.2 on the Petitioner;

(v) If Respondent No.2 passes an adverse order of whatsoever nature, the Petitioner would be at liberty to avail of a statutory remedy of preferring an Appeal under Section 137 of the Maharashtra Prohibition Act before the Commissioner, State Excise.

4.

Needless to state, all the contentions of the Petitioner are kept open to be considered by Respondent No.2 in the hearing as is directed above.

5.

With the above directions, this Petition is disposed off. (ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)