Ganeshlal S/O. Ayodhyaprasad ... vs Deputy Commissioner Of State ...
2023 Latest Caselaw 7570 Bom

                                       1                     wp4752.2023

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

                    WRIT PETITION NO.4 752/2023
Shri Ganeshlal S/o Ayodhyaprasad Jaiswal,
aged about 73 Yrs., Occ. Business,
R/o 267, Main Road, Rui, Dist. Yavatmal.           ...     Petitioner
       - Versus -
1.   Deputy Commissioner of State Excise
     having its office at 2nd Floor, Old Custom
     House, Shahid Bhagat Singh Road, Fort,
     Mumbai 400 023.

2.   The Collector Yavatmal City,
     Yavatmal.

3.   Superintendent of State Excise,
     Yavatmal.                                     ...   Respondents
                -----------------
Mr. S.P. Bodalkar, Counsel for the Petitioner.
Ms. N.P. Mehta, Assistant Government Pleader for Respondent
Nos.1 to 3.
            ----------------

CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 31.7.2023

ORAL JUDGMENT (Per A.S. Chandurkar, J.)

Considering the short issue involved, the notice to

respondents is made returnable forthwith. Ms. N.P. Mehta,

2 wp4752.2023

learned Assistant Government Pleader waives notice for the

respondents.

2. Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

3. The petitioner being desirous of shifting his CL-III

licence from Mouza Rui, Taluka and District Yavatmal to Mouza

Runza, Taluka Kelapur, District Yavatmal had approached the

respondent Nos.2 and 3. The State Excise Authority by order

dated 17.3.2023 had issued a communication to the respondent

No.3 stating therein that necessary steps be taken pursuant to the

approval granted for such transfer under Rule 25(b) of the

Maharashtra Country Liquor Rules, 1973. According to the

petitioner despite the order dated 17.3.2023 further steps have

not been taken by the respondent No.3.

4. In aforesaid facts, the respondent No.3 is directed to

take further steps pursuant to the communication dated

3 wp4752.2023

17.3.2023 that has been issued by the respondent No.1. In case

there is no other impediment, such steps be taken within four

weeks from receiving copy of this judgment. Rule is disposed of

in the aforesaid terms. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

Tambaskar.