Kishor Motilal Jaiswal v. The Commissioner For State Excise Mumbai And ORS

2026:BHC-AUG:13078 966-cwp-3245-2026.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3245 OF 2026 Kishor Motilal Jaiswal

VERSUS

The Commissioner For State Excise Mumbai And Ors ...

Advocate for the Petitioner : Mr. Gholap Ajit Manohar AGP for Respondent/State : Mr. S.R. Yadav Lonikar Advocate for Respondent No.3 : Mr. Aashish T. Jadhavar ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : MARCH 26, 2026 PER COURT :- 1.

The petitioner has suffered order dated 12.03.2026 passed by District Collector, whereby petitioner's FL-III Licence No.289 issued on 02.02.2025 has been cancelled. He runs a bar on the basis of said licence. Subsequently, certain complaints were received objecting genuineness of documents relied by petitioner while obtaining his licence. Accordingly, Inspector caused inquiry and submitted his report to District Collector. It appears that when District Collector came into action, petitioner filed Writ Petition No.6851 of 2025 before this Court wherein by order dated 04.06.2025, limited protection was granted to petitioner. He was permitted to continue business on the basis of licence till Collector takes a decision and for further two weeks thereafter. 2.

Mr. Ajit Gholap, learned advocate appearing for petitioner submits that learned District Collector decided proceeding

966-cwp-3245-2026.odt (2) and vide order dated 12.03.2026, cancelled petitioner's licence. Immediately, petitioner has preferred appeal before Commissioner. He has also filed an application to stay order of cancellation of licence, however, same is not yet decided.

3.

Learned AGP, on instructions, submits that now, the appeal filed by petitioner along with application for stay is posted for hearing tomorrow i.e. 27.03.2026.

4.

In this backdrop, present writ petition stands disposed of with direction that till Commissioner decides stay application of petitioner by a reasoned order or decides appeal, no coercive action shall be taken against petitioner in pursuance to impugned order. 5.

Needless to state here that Commissioner shall endeavour to conclude proceeding within a period of eight weeks from today. 6.

Learned AGP to communicate this order to concerned authority.

(S.G. CHAPALGAONKAR, J.) Mujaheed//