1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4305/2009 Pushpa Loku Pujari Holder of CL III licence No.231 PETITIONER VS. RESPONDENT The Collector of Pune & Ors. Mrs.Veena Thadani for the petitioner Mr.Nitin Deshpande for respondents CORAM: J.N.PATEL & MRS.MRIDULA BHATKAR,JJ. DATE: 6th MAY,2009 P.C. . Heard. 2] The petitioner has moved this Court as the Commissioner of State Excise has refused to grant stay in the appeal preferred by the petitioner against the order dated 15/4/2009 by the Collector,Pune closing down the business of the petitioner which is being carried out under 2 CL III Licence No.231 for 40 days. 3] The learned counsel for the petitioner submits that firstly the appeal against the order under section 142 of Bombay Prohibition Act,1949 is not maintainable and secondly, if the business of the petitioner is closed down it will be depriving the petitioner of his bread and butter. It is further brought to our notice that the order is passed in arbitrary manner and is discriminatory in nature for the reason that in the same area there are about five other establishments who are having CL-III and FL-BR -II licence which has been mentioned in paragraph 6 of the petition. 4] The learned A.G.P.submits that though the petitioner’s contention is that the appeal is not maintainable the appeal is preferred by the petitioner which is under section 137(2) of the Bombay Prohibition Act. Therefore,the issue whether it is maintainable or not can be agitated before the appellate authority which has passed the impugned order and that appellate authority will be finally hearing the appeal on 3 11/5/2009. If that is so it will not be proper for us to intervene in the matter in our writ jurisdiction. Therefore,we dismiss the petition with liberty to the petitioner to prosecute her appeal/revision before the appellate authority. 5] The appellate authority to deal with the subject on 11/5/2009 . It will be proper that the parties to appear before the appellate authority on 11/5/2009 at 11.00 hrs.onwards. The petitioner can also move the appellate authority for taking up their case before 11/5/2009. (J.N.Patel,J.) (Mrs.Mridula Bhatkar,J.)