1 wp-3129-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.3129 OF 2010 Ismail Husenbasha Shaikh ..Petitioner Vs. The State of Maharashtra & Ors. ..Respondents Mr. R.S. Apte i/b. Mr. Anand Kulkarni, for the petitioner. Mr. C.R. Sonawane, AGP for respondent Nos. 1 to 5. CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. DATE: 15th October, 2010. P.C. Heard Mr. Apte, the learned Counsel with Mr. Kulkarni for the petitioner. 2. Rule. 2. Mr. Sonawane, the learned A.G.P., waives service for the respondents. 3. The petition has been heard finally. 2 wp-3129-10 4. The petitioner holds a license as a kerosene dealer at Solapur as issued under the Maharashtra Kerosene Dealers Licensing Order, 1966. He was issued a show cause notice dated 8th January, 2010 by the Additional Collector, Solapur and he submitted his reply thereto on 11th January, 2010. 5. The order dated 20th January, 2010 states that the license was suspended solely on the ground that C.R. No.7 of 2010 for the offences punishable under Sections 3, 7 and 8 of the Essential Commodities Act and Sections 420 and 406 read with Section 34 of the I.P.C., came to be registered against the petitioner. The order dated 20th January, 2010 was challenged before the State Government, by way of Revision Application, but it was confirmed by order dated 17th March, 2010. 6. By our order dated 9th September, 2010 we had directed that a copy of the charge sheet be placed before us and accordingly, the learned A.G.P., has placed the same today on record. The record indicates that during the course of investigation, there was no material to indicate the petitioner’s involvement as an accused in the same C.R., and, therefore, the I.O., has recommended for the deletion of the name of the petitioner along with Shri Siddhu Patil from C.R.No.7 of 2010. Under these circumstances obtaining, 3 wp-3129-10 the impugned suspension order which was passed solely on the C.R. registered against the petitioner cannot be allowed to continue any further. 7. Hence this petition succeeds and the same is allowed. Rule is made absolute in terms of prayer clause (B), however, without any order as to costs. Writ to go to the Additional Collector, Solapur, forthwith. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)