1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.382 OF 2010 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. V.J. Dixit, Senior Counsel, with Mr. A.N. Nagargoje, Advocate for the petitioner. Mr. S.K. Tambe, A.G.P. for the respondents. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 22nd JANUARY, 2010 Heard Counsel for the parties. 2. We find substance in the preliminary objection raised by the learned A.G.P. that the petitioner ought to avail of statutory remedy of appeal available under Section 137 of the Bombay Prohibition Act, 1949 against the impugned decision. Counsel for the petitioner, however, submitted that he 2 has chosen to approach this Court directly as the Collector decided the matter pursuant to the direction given by this Court. 3. In our opinion, the fact that this Court directed the Collector to decide the matter was obviously to follow the procedure established by law. The Collector has exercised that power which is invested in him and has passed adverse order against the petitioner. It is open to the petitioner to avail of statutory remedy of appeal. In the circumstances, Counsel for the petitioner seeks liberty to withdraw this petition, so that the petitioner can take recourse of remedy of appeal. Hence the petition is allowed to be withdrawn with liberty, as prayed for. 4. Needless to observe that the Appellate Authority may have to take into account the fact that the 3 petitioner had firstly approached this Court and because of the present order, is required to go back before the Appellate Authority, this period will have to be excused while considering the prayer for condonation of delay in filing appeal. Further, the appeal will have to be considered on its own merits, in accordance with law. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/JAN10/wp382.10