1 wp-3711-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.3711 OF 2010 Vitthal S. Nadekar ..Petitioner Vs. The Food Distributor Officer, Solapur & Ors. ..Respondents Mr. R.S. Apte, Senior Advocate i/b.Mr. Anand Kulkarni, for the Petitioner. Mr. C.R. Sonawane, APP for the respondent State. CORAM: B. H. MARLAPALLE & A.A. SAYED, JJ. DATE: 8th September, 2010. P.C. 1. Heard Mr. Apte, the learned Senior Advocate with Mr. Anand Kulkarni for the petitioner and Mr. Sonawane, the learned AGP appears for the respondent State authorities. The petitioner is aggrieved by the order dated 15th February, 2010 passed by the respondent No.1-the Food Distribution Officer, Solapur District, thereby cancelling his kerosene distribution license. Against the said order the petitioner has filed an appeal before the State Government and it has not yet been decided. The 2 wp-3711-10 petitioner, therefore, prays for directions to the State Government for deciding his pending appeal within a fixed period. 2. Admittedly, the order passed by the respondent No.1 on 15/17th February, 2010 is an appealable order, but the Appellate Authority is the Deputy Commissioner (Supply) at Pune and the petitioner has not submitted an appeal before the said Authority and instead he has approached the State Government directly. The appeal decided by the Deputy Commissioner (Supply) does not receive finality if the appellant decides to invoke the additional remedy of Revision before the State Government. Thus against the order passed by the lower appellate authority the petitioner has one more forum before the State Government by way of a Revision. On instructions Mr. Apte, the learned Senior Counsel states that the petitioner would withdraw the pending appeal before the State Government and submit a fresh appeal before the respondent No.3 so that it could be decided by the said appellate authority on its own merits. 3. If a fresh appeal is filed by the petitioner before respondent No.3 by applying to withdraw the pending appeal before the State Government, within a period of two weeks from today, we direct the respondent No.3 to 3 wp-3711-10 decide the same as per law and as expeditiously as possible, but preferably within a period of eight weeks from its presentation. Petition is disposed accordingly. (A.A. SAYED, J.) (B. H. MARLAPALLE, J.)