{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6840 OF 2009 Shrikant Khandsari Mills M-1 (Licence No.5-09-10) Taloda, Tq-Taloda, Dist-Nandurbar Through its Power of Attorney Holder Shri.Shantilal Balkrishna Wani R/o Visalad, Panchawati, Taloda, Dist-Nandurbar PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, State Excise Department, Mantralaya, Mumbai 2. The Commissioner for State Excise, Old Customs House Mumbai 3. The Collector, Nandurabar State Excise Department, Nandurbar, Dist-Nandurbar RESPONDENTS ....... Mr.V.D.Hon, Advocate for petitioner Mr.V.B.Ghatge, AGP for respondents No.1 to 3 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] {2} DATE: 12th October 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioner, by this petition under Article 226 of the Constitution of India, prays for issuance of a writ of mandamus directing the respondents to hear and decide the appeal filed by the petitioner on 17.09.2009 and also prays for issuance of a writ of mandamus directing the respondent No.2 to hear the petitioner in respect of the prayer for stay to the order impugned in the appeal dated 13.08.2009. 3. In the light of the limited nature of the challenge in the present petition, we deem it appropriate to decide this petition finally at this stage. 4. Since the application for stay filed by the petitioner is said to be pending and the petitioner is pressing sever hardships on account of the operation of the order dated 13.08.2009, we direct the petitioner to appear before respondent No.2 on 15.10.2009. We also direct respondent No.2 to decide the application filed by the petitioner for stay to the impugned order, dated 13.08.2009, on its own merits, in accordance with law, {3} within a period of two weeks of 15.10.2009 and communicate the decision thereon to the petitioner. We further direct respondent No. 2 to decide the appeal filed by the petitioner, on 17.09.2009, as expeditiously as possible. 5. Rule is thus made absolute on the above terms with no order as to costs. Copy of this order duly authenticated be provided to the learned counsel for the parties to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6840-09