ssp 1 WP 2763 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2763 OF 2011 M/s.Varsha Agency, Thane. .....Petitioner versus The State of Maharashtra and Ors. ..... Respondents Mr.Vinit Naik i/by Mr.J.G.Reddy, for the petitioner. Ms.Aparna Vhatkar, AGP, for respondent Nos.1 to 4. CORAM: RANJIT MORE, J. DATE: 04th MAY, 2011 P.C. : 1. Heard Mr.Naik for the petitioner and the learned AGP for the State. 2. The respondent No.3 passed an order dated 28-02-2011 and thereby suspended the petitioner’s wholesale Kerosene licence. The petitioner has already preferred an appeal before the respondent No.2 along with application for stay on 01-03-2011, copy of the same is at Exh.F to this petition. The main grievance of the petitioner is that in spite of the fact that appeal is preferred two months back, the respondent No.2 has neither disposed of the appeal, nor passed any order on the stay application. Learned counsel for the petitioner pointed out that the order passed by the respondent No.3 is without following the principle of natural justice. ssp 2 WP 2763 of 2011 3. Learned AGP on the other hand, supported the order of respondent No.3. After perusal of the impugned order along with the other accompaniments to the petition, I find that the show cause notice was issued to the petitioner on 24-02-2011 and petitioner was asked on 28-02-2011 to show cause. Petitioner in pursuant of the said show cause notice, attended the office of respondent No.3. However, petitioner was told that the respondent No.3 is not present in the office and asked to come on the next date. Such pleadings finds place in para No.5 of the petition, which are not denied by the respondents. The petitioner went to the office of respondent No.3 on 01-03-2011. However, he was told that the order is already passed on 28-02-2011. This fact prima facie shows that the respondent No.3 has passed the impugned order without following the principle of natural justice. In the circumstances, I am disposing the petition by passing the following order. (a) The respondent No.2 is directed to dispose of the petitioner’s appeal, copy of which is annexed at ‘Exh.F’ to the petition, as expeditiously as possible and preferably within a period of 12 weeks from the receipt of the order. (b) During the pendency and final disposal of the appeal, the impugned order dated 28-02-2011 passed by respondent No.3 shall remained stayed. ssp 3 WP 2763 of 2011 (c) Needless to mention that respondent No.2 shall dispose of the said appeal independently, on its own merits and without being influenced by the observations made in this order. ( RANJIT MORE, J. )