1 7wp6687-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY spb CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6687 OF 2011 Hurunnisa Zamir Hushye & Ors. ... Petitioners. V/s. The State of Maharashtra & Ors. ... Respondents. ­­­­ Mr. Rakesh Bhatkar for the Petitioners. Mr. S.D.Rayrikar, AGP for the Respondents No.1 to 3. ­­­­­ CORAM : G.S.GODBOLE, J. DATE : 09th NOVEMBER, 2011. P. C. : 1 Heard Mr. Bhatkar for the Petitioners and Mr. Rayrikar, learned AGP for the Respondents No. 1 to 3. 2 No notice has ever been issued to the Respondent Nos.4 and 5. 3 By the present Petition, the Petitioners have impugned the order dated 4th August, 2011 passed by the Commissioner of State Excise, Mumbai thereby admitting the Appeal of the Petitioners but declining to grant stay. It is a discretionary order. I had in fact suggested to Mr. Bhatkar that instead of considering this Petition on merits, it would be better if the Appellate Authority is directed to hear the entire Appeal on merits and 2 7wp6687-11.sxw dispose of the same. Mr. Bhatkar is, however, not ready to accept this suggestion. However, considering the fact that the Appeal is admitted and the Appellate Authority has merely declined the interim relief, which is discretionary order, this is not a fit case to exercise jurisdiction of this Court under Article 226 and 227 of the Constitution of India. 4 The Appellate Authority will hear and decide the Appeal on its own merits expeditiously and preferably in 2 months. All contentions of the parties are kept open. (G.S.GODBOLE, J.) ....