1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5395/2009. ( Rameshkumar Shriram Singh Thakur . -: versus :- Commissioner of State Excise and others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 15, 2009. Heard Shri S.V. Sirpurkar, learned counsel for petitioner and learned A.G.P. for respondents. Learned A.G.P. has requested for grant of time to obtain instructions, but considering the nature of controversy, his request is rejected. Communication No. FLR-112009/157/A dated 09.09.2009, temporarily suspends the FL-III licence of petitioner. Shri Sirpurkar, learned counsel has pointed out that, after complaint was made, the office has infact prepared a note which was in favour of petitioner and ignoring that note, the Collector has passed order of temporary suspension on 08.09.2009, that too behind the back of the petitioner. He further states that when this was pointed out to the Commissioner of State Excise in Appeal No. 264/2009, preferred under Section 137[2] of the Bombay Prohibition Act, the appeal has been admitted, but interim stay has been refused. 2 After hearing learned AGP and Shri Sirpurkar, learned counsel, I find that respondent no.2 Collector has to pass further appropriate orders in the matter, after hearing the petitioner and the order of temporary/interim suspension cannot continue indefinitely. In this view of the matter, the petitioner is directed to appear before the respondent Collector on 24.12.2009 and to abide by his further instructions. The respondent Collector to endeavor to decide the matter as early as possible and in any case by 31.12.2009. In view of this direction, it is apparent that the appeal No. 264/2009 filed by the petitioner before respondent no.1 is rendered infructuous. Writ Petition is thus partly allowed, however, in the facts and circumstances of the case, there shall be no order as to costs. Copy of this order be furnished to the learned AGP to act upon. JUDGE Rgd.