1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5180 OF 2009 (M/s. Dave Jaiswal & Company vs. The Commissioner of State Excise, Mumbai & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 10, 2009. Heard Shri Vyas, learned counsel for the petitioner, Shri Fulzele, learned AGP for respondents No. 1 to 3 and Shri Jaiswal, learned counsel for respondent No.4. After hearing parties, I find that though the grievance is made that appellate proceedings before Respondent No. 1 – Commissioner of State Excise are pending without any progress since 21.04.2009, the order of Collector dated 31.03.2009 appears to be holding the field till this date. That order of Collector has been passed without hearing the present petitioner. The reply filed by the Collector before Respondent No.1 shows that he had heard the petitioner and other parties on 25.03.2009 and thereafter matter was adjourned to 19.05.2009. In the meanwhile, i.e. on 30.03.2009, the widow of deceased partner Smt. Subhadra Jaiswal – present Respondent No.4 moved application requesting to seal the premises in which FL-II business was being carried out. Respondent No.2 – 2 Collector has passed orders on 31.03.2009 and sealed those premises from 01.04.2009. It is apparent from said reply that the measures taken by the Collector were interim measures and the proceedings in which the parties were heard on 25.03.2009 and which were then adjourned to 19.05.2009 are still not decided by Respondent No.2 – Collector. In view of this position, it is apparent that there is no point in issuing directions to Respondent No. 1 in the matter. Respondent No.2 – Collector is directed to decide the proceedings pending before him as early as possible and in any case by 15.01.2010. The parties are directed to appear before Respondent No.2 – Collector on 21.12.2009 and to abide by his further instructions in the matter. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.