1 25.wp8871.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8871 OF 2011 Sumanbai Gunwantrao Shinde. ....Petitioner. Vs. The Collector of Latur & ors. ....Respondents Mrs. Veena Thadani, Advocate for Petitioner. Mr. A. I. Patel, AGP for Respondent Nos. 1 to 3. Mr. R.D. Soni, with Mr. Ashok Gade, Advocate for Respondent No. 4. CORAM:- GIRISH GODBOLE, J DATED:- NOVEMBER 25, 2011 P.C. 1. Heard Mrs. Thadani, Advocate for Petitioner, Mr. Patel, AGP for Respondent Nos. 1 to 3 and Mr. Soni, Advocate for Respondent No. 4. 2. Rule. Rule made returnable forthwith and heard by consent of the parties. 3. It is an admitted position that the Collector, Latur has passed the 2 25.wp8871.11 impugned order in the month of September, 2011 refusing to renew the FL-2 Licence of the Petitioner. An Appeal under Section 137(2) of the Bombay Prohibition Act, 1949 is filed by the Petitioner. The same is admitted but by the impugned Order stay was refused. On 24th October, 2011, the learned Single Judge acting in vacation has already granted stay to the Order of the Collector and as such, on the basis of the said ad- interim order which is operating, the Petitioner is running the shop. 4. In my opinion, without expressing any opinion on merits of the matter and only on the ground that the aforesaid ad-interim order is operating in favour of the Petitioner, interests of justice would be served if the Commissioner for State Excise being the Appellate Authority is directed to finally hear and decide the Appeal on or before 31st January, 2012. The order of the Collector which is impugned in the said Appeal shall remain stayed till the disposal of the Appeal. It is directed that the Appeal shall be disposed of on its own merits without being influenced by the fact that the Order of Collector is stayed, as a consequence of which the Petitioner is running the shop. The Petitioner and Respondent No. 4 will appear before the Appellate Authority on 2/12/2011 at 3 p.m. for fixing the schedule of hearing of the Appeal. In case order in the Appeal is 3 25.wp8871.11 adverse to the Petitioner, the interim order of stay of the order of the Collector will continue for a period of 2 weeks thereafter. 5. Rule made absolute in the aforesaid terms with no order as to costs. All the parties to act on the authenticated copy of this order. (GIRISH GODBOLE, J)