Mazhar Shaikh vs The State Of Maharashtra, ...
2017 Latest Caselaw 7843 Bom

 Judgment                                            1                                wp6333.17.odt




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                 

                          NAGPUR BENCH, NAGPUR.


                           WRIT PETITION NO. 6333  OF 2017


 Manzhar Shaikh,
 Cable Operator, R/o. 493, Sumit
 Apartment, Professor Colony, 
 Hanuman Nagar, Nagpur. 
                                                                         ....  PETITIONER.

                                      //  VERSUS //


 1. The State of Maharashtra, 
    Department of Revenue and 
    Forest, through its Secretary,
    Mantralaya, Mumbai-32.  

 2. Divisional Commissioner,
    Nagpur.  

 3. The Collector (Entertainment
    Duties), Collector Office, 
    Civil Lines, Nagpur. 

 4. The Tahsildar, Nagpur. 
                                                                      .... RESPONDENTS
                                                                                    .

  ___________________________________________________________________
 Shri S.V.Sirpurkar, Advocate for Petitioner. 
 Shri Neeraj Patil, A.G.P. for Respondent Nos. 1 to 4. 
 ___________________________________________________________________

                              CORAM : Z.A.HAQ, J.

DATED : OCTOBER 05, 2017.

ORAL JUDGMENT :

1. Heard learned advocates for the respective parties.

Judgment 2 wp6333.17.odt

2. RULE. Rule made returnable forthwith.

3. The limited grievance of the petitioner is that the Divisional

Commissioner has failed to exercise appellate authority conferred by Section

10-A of the Entertainment Duty Act, 1923. It is argued that the impugned

order is cryptic and without any reasons.

4. Without expressing any opinion about maintainability of the

appeal before the Divisional Commissioner, the following order is passed:

           i)      The impugned order is set aside.


           ii)     The matter is remitted to the Divisional Commissioner, Nagpur
                   for considering the matter afresh.


           iii)    Needless to say that the Divisional Commissioner shall hear the

petitioner before passing any order.

iv) The petitioner states that he will appear before the Divisional Commissioner, Nagpur on 11th October, 2017 at 11.00 a.m.

Rule is made absolute in the above terms. In the

circumstances, the parties to bear their own costs.

JUDGE

RRaut..