1 ndm 15 wp.9668.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9668 OF 2010 Nilesh Mohan Padval Vs. State of Maharashtra and ors. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. D.B.Savant for the Petitioner. Mr. A.I.I. Patel, AGP for the State. CORAM : A.S.OKA, J. DATE : 7th December, 2010. P.C. 1 Not on board. Taken on board. 2 Heard the learned counsel appearing for the Petitioner and the learned AGP appearing for the Respondents. 3 The Petitioner is aggrieved by the order dated 25th November, 2010 passed by the Commissioner of State Excise. Being aggrieved by the said order, he intended to prefer a revision application before the State Government. In paragraph No. 25 of the petition, it is asserted that though on 3rd December, 2010, the Petitioner attempted to file the revision application, the same was not accepted in Mumbai on the ground that Assembly Session is in process in Nagpur and therefore, the revision application should be filed at Nagpur. The learned AGP stated that if the Appellate Authority is at Nagpur, the application for stay will have to be heard at Nagpur. 2 4 The revision application sought to be preferred by the Petitioner will have to be accepted by the State Government. If the Authority is not available in Mumbai, the application for stay or prayer for stay can always heard at Nagpur with prior notice to the Petitioner. The order of the Collector dated 10th November, 2009 suspending the licence granted to the Petitioner was stayed during the pendency of the appeal before the Commissioner. The stay stood vacated with effect from 25th November, 2010. The stay will have to be extended for a reasonable time to enable the Petitioner to apply for interim stay in the revision. 5 Hence, the petition need not be kept pending and the same is disposed of by passing the following order: i. If the revision application alongwith prayer for stay is tendered by the Petitioner within a period of one week from today, the same shall be accepted by the concerned office in Mantralaya, Mumbai; ii. The application for stay shall be taken up for hearing within a period of four weeks from today and appropriate orders shall be passed thereon within the said period; iii. For a period of six weeks from today, the order of stay granted by the Appellate Authority on 3rd December, 2009 will continue to operate; iv. The application for stay shall be decided by 3 the Revisional Authority without being influenced by the limited protection granted by this Court; v. Petition is disposed of on the above terms; vi. Parties to act upon an authenticated copy of this order. [ A.S.OKA, J ]