1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2381 OF 2009 Nester Joseph Rodrigues & Anr. ..Petitioners Vs. The Collector of Mumbai & Ors. ..Respondents Mrs. Veena Thadani for Petitioner Mr. Sekhar Ingevale, AGP for Respondent No.3 Mr. Rajeev Deokar with Ms. Pupal Babar for Respondent Nos. 4 & 5 CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 16th December , 2009 P.C. : 1. Rule. 2. With the Consent of the Counsel, the Petition is taken up for final hearing. Learned Counsel for the Respondents waives service. 3. On 15th October, 2009, an order was passed by the Commissioner of 2 State Excise, by which a period of three weeks was granted to the Fifth Respondent to shift the Country Liquor Bar to some other authorised premises. The ground on which the order was passed is that the Country Liquor Bar of the Fifth Respondent was at a distance of 189 mtrs. from the existing liquor bar of the Petitioner, which amounts to a violation of Rule 24(5) of the Maharashtra Country Liquor Rules, 1973. The order passed by the Collector on 20th December 2008, which was under appeal, was set aside. The Petitioner had lodged a Caveat on 12th November 2009, apprehending that proceedings would be initiated before the Minister of State Excise. Despite the Caveat, the proceedings were entertained and an order was passed on 19th November 2009 by the Deputy Secretary, intimating the Petitioner that the Minister of State Excise has granted an interim stay and fixed the proceedings for hearing on 2nd December 2009. The Court is informed that no proceedings have taken place on 2nd December 2009 and that the case has now been listed on 30th December, 2009. 4. There is merit in the submission of the Petitioner that , in view of the 3 Caveat that was lodged by the Petitioner, it was manifestly in appropriate for the Minister of State Excise to grant an exparte interim stay without furnishing to the Petitioner a notice or opportunity of being heard. In these circumstances, it would be appropriate to set aside the impugned directions dated 19th November 2009 and the order of stay passed by the Minister, State Excise. There shall be an order in these terms. 5. Rule is made absolute in terms of prayer clause (b). In the mean time, the Court is informed, that the Fifth Respondent has made an application or shifting the Country Liquor Bar to some other premises. It is clarified that, the aforesaid application will be heard and disposed of on its own merits. 6. The Petition is disposed of in the aforesaid terms. 7. No order as to costs. 4 (Dr. D.Y.Chandrachud, J)