Sujata Hemantsingh Bais vs The Hon\\\'Ble Minister, State ...
2016 Latest Caselaw 4383 Bom

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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   : NAGPUR BENCH : NAGPUR.




                                                                                       
                                      WRIT PETITION NO. 4159 OF 2015

    Sujata Hemantsingh Bais, 
    Aged about 54 years, 




                                                                                      
    Occupation - Business, 
    R/o Madhav Nagar, Gorakshan Road, 
    Akola, Tq. Dist. Akola.                                                                                    ... Petitioner
     
                      //   VERSUS  // 




                                                                    
    (1) The Hon'ble Minister, State Excise 
          Department, Mantralaya, Mumbai-32

    (2) Arjunlal S/o Ratanlal Jaiswal,
                                          
          Aged about 87 years, 
          Occupation - Agriculturist and Business, 
          R/o Shelu Wada, Tq. Karanja, 
          Dist. Washim. 
           


    (3) The Collector, Washim, 
          Tq. Dist. Washim. 
        



           
    (4) State Excise Department,
          Through Superintendent, 
          Washim, Tq. Dist. Washim.                                                                      ... Respondents 
    -------------------------------------------------------------------------------------------------------





    Shri A. R. Deshpande, Advocate for the petitioner 
    Shri A. M. Ghare, Advocate for the respondent no. 2 
    Shri K. L. Dharmadhikari, Assistant Government Pleader for the respondent nos. 1, 3 and 4
    -------------------------------------------------------------------------------------------------------------------------------
                                                                 CORAM :  A. S. CHANDURKAR, J.

                                                                 DATE    :  2-8-2016.
    ORAL ORDER


                         Rule. 

2. Heard finally with consent of learned counsel for the parties.

3. Shri Dharmadhikari, learned Assistant Government Pleader waives

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notice on behalf of the respondent nos. 1, 3 and 4 and Shri Ghare, learned

counsel waives notice on behalf of the respondent no. 2.

4. The petitioner is aggrieved by the interim order passed by the

Hon'ble Minister in proceedings under Section 138 of the Maharashtra

Prohibition Act, 1949. By said order, the interim protection which was earlier

granted has been vacated. This order was passed on 24-2-2015. The controversy

raised in the present writ petition depends upon the outcome of the civil

proceedings that are pending in the appellate Court. Before the appellate Court,

the petitioner has filed Regular Civil Appeal No. 3/15 and the same has been

directed to be expedited. In this backdrop therefore, the writ petition is disposed

of by passing the following order.

(i) The proceedings initiated by the petitioner under Section 138 of the

Maharashtra Prohibition Act, 1949 before the State Government shall be decided

within period of six months from today.

(ii) The parties would be at liberty to place the order passed by the Civil

Court in the proceedings before the State Government. The respective

contentions of the parties are kept open.

Rule is disposed of in aforesaid terms. No costs.

                                                                                    JUDGE


    wasnik





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Uploaded by : A. Y. Wasnik, P.A. Uploaded on : 4-8-2016