1wp-1117-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.1117/2010 Pundlik Bhikaji Patil .. Petitioner. v/s The Chief Inspector B.M.C. And another .. Respondents. Mr H. Toor i/b S.H. Mishra, Advocate for the Petitioner. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 23rd FEBRUARY,2010 P.C.:- The petitioner by this petition challenges the order made by the Inspector of Excise cancelling the licence issued to the petitioner under the Bombay Shops and Establishment Act, 1948 ( the Act for short). That order was made after issuing show cause notice to the petitioner. In the show cause notice that was issued to the petitioner, it was stated that there is complaint received from one Sanjay 2wp-1117-10 Patil wherein it is claimed that there is no structure standing on the spot in relation to which licence has been taken. The petitioner replied to that show cause notice. In the reply, he has not even denied the allegation that there is no structure standing on the spot. In this view of the matter, therefore, in our opinion no exception can be taken to the order impugned. In the order impugned, it is made clear that after the construction is made and valid business is started he can apply for licence under the Act. The learned counsel for the petitioner submits that the order has been made without granting the petitioner an opportunity of being heard. The submission is devoid of substance because the order has been passed after issuing show cause notice to the petitioner. The allegation in the show cause notice was that the petitioner does not have existing structure on the spot. That allegation has been admitted by the petitioner by not denying the same. In our opinion, therefore, the petition is liable to be rejected. In the result, the petition is hereby rejected. (JUSTICE D.K. DESHMUKH,J) (JUSTICE A.R.JOSHI,J)