ASN 1 WP-10230&9575.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPEALLATE JURISDICTION WRIT PETITION NO.10230 OF 2010 WITH WRIT PETITION NO.9575 OF 2010 Grant Medical Foundation and anr. ..Petitioner. Vs. The State of Maharashtra and anr. ..Respondents. Mr. M.S. Karnik for the Petitioner. Mr.R.P.Behere, Addl.Government Pleader for Respondent No.1. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Friday, 11 th February, 2011 PC : The writ petitioner challenges the notice dated 9th November, 2010 (Exhibit-B) issued by the Inspector of Legal Metrology, Pune 1st Division informing the petitioners that they have committed an offence by violating the provisions of the Standards of Weights and Measures (E) Act, 1976, the Standards of Weights & Meausres (P.C.) Rules.1977 and the provisions of Section 33 of the Standards of Weights & Measures (E) Act, 1985 read with Rules 23(1) of the said Rules and relevant penal sections and rules of the said Act. It is further stated in the impugned notice that the petitioners have committed an offence by violating the provisions of the above Act and Rules and as such are liable for prosecution. It is further stated in the impugned notice that before the complaint is filed in appropriate Court of Law, the writ petitioner ASN 2 WP-10230&9575.sxw was informed that offence(s) are triable under Section 65 of the said Act. According to the petitioner he has also sent reply to the said notice. 2 Mr. Behere, learned Additional Govt. Pleader states that no such reply is received from the petitioner. The learned Additional Government Pleader has invited our attention to the averments made in Paragraph 9 of the affidavit in reply dated 12.1.2011 field by the Dy. Controller of Legal Metrology, Pune Region, Pune on behalf of the respondent Nos. 1 and 2. The learned Additional Government Pleader relying on Paragraph 9 of the said affidavit submits that the petitioners have not exhausted the remedy under the Act and the appeal could have been preferred before the Controller of Legal Metrology against the impugned notice as per Section 81(1) of the Standards of Weights & Measures Act, 1976 against the notice of the Inspector. 3 The learned counsel for the petitioner submits that the petitioner proposes to move the appellate authority within two weeks from today. If such an appeal is preferred within two weeks from today, the appellate authority shall hear and decide the appeal on its own merits. 4 It is clarified that we have not gone into the merits of the controversy of the above petitions. Accordingly, both the writ petitions are disposed of with directions that upon the petitioner preferring an appeal before the Controller of Legal Metrology under the provisions of the Standards of Weights & Measures Act, 1976, the authority shall hear and decide the appeal expeditiously. ASN 3 WP-10230&9575.sxw 5 Ad interim order granted earlier shall continue till the disposal of the appeal to be preferred by the writ petitioner and for further period of two weeks thereafter, in case the order is adverse. 6 Parties to act on a copy of this order duly authenticated by the registry of this Court. CHIEF JUSTICE S.J. VAZIFDAR, J.