1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3143 OF 2010 Mr.Sharad Bhogilal Doshi ...Petitioner Versus State of Maharashtra & Ors. ...Respondents ...... Mr.D.B.Savant for Petitioner. Mr.V.S.Gokhale, A.G.P. for Respondents 1 to 3. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- APRIL 26, 2010. P.C. 1. Heard Counsel for the parties. 2. We are in agreement with the preliminary objection raised by the learned A.G.P. that no cause of action has arisen for institution of present Writ Petition. In Paragraph No.7 of the Writ Petition, it is stated as follows: “7. The Petitioner submits that the Petitioner intend to possess and transport the denatured spirit after being denatured and making it unfit for human consumption. The Petitioner further submits that therefore the question of obtaining any licence for such sale, possession, transport does not arise. However, under the guise of the Bombay Denatured Spirit Rules the Respondents are insisting for obtaining licence for sale and possession of the denatured spirit failing which the Respondents threatened the Petitioner to prosecute under various provisions of Bombay Prohibition Act, 1949.” 2 3. This is not enough. The argument of the Petitioner that it is open to the Petitioner to approach this Court on the basis of apprehension, does not commend to us. As and when any action is proposed against the Petitioner, it will be open to the Petitioner to question the correctness thereof before appropriate forum, which grievance can be considered on its own merits in accordance with law. 4. Petition is disposed of with liberty to the Petitioner to pursue remedy at the appropriate stage. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)