mgn 1 wp-3425-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3425 OF 2011 Mr. Gopal M. Shetty & Anr. ..Petitioners Versus The State of Maharashtra & Ors. ..Respondents Mr. D.B. Savant, for the petitioners. Mr. S.K. Shinde, “A” Panel Counsel for respondent Nos. 1 to 3. CORAM : MOHIT S. SHAH, C. J. AND SMT. SONDURBALDOTA , J. DATE : Tuesday, 28th June, 2011 PC: What is sought to be challenged in this Petition under Article 226 of the Constitution of India is the demand notice being issued by respondent No.3-Collector of Thane (State Excise Department) for the differential amount of license fees for the year 2010-11. 2. The learned Counsel for the petitioners states that though no order has been passed by the 3rd respondent indicating that the additional amount is sought to be recovered, respondents are going to take coercive recovery of the amounts by cancelling the licenses issued for the current year 2011-2012 for which there is no dispute as the petitioners have already paid license fees for the year 2011-2012. 3. In response to the query as to whether the petitioners have preferred any appeal, the learned Counsel for the petitioners states that since no formal order is passed by the 3rd respondent, the petitioners are mgn 2 wp-3425-11.sxw not in a position to file an appeal against the alleged illegal action of the respondents. The learned Counsel for the petitioners, however, states that the petitioners have submitted representation dated 28th March, 2011 to the Minister of State Excise, which is at Exhibit “G” to the petition. 4. The learned AGP for the respondents states that respondent No.3 will give an opportunity of hearing to the office bearers of petitioner No. 2-Vasai Taluka Hotel Association and will take a decision in the matter about the amount of license fees to be recovered from the persons who were given licences for the year 2010-2011. If the order which may be passed by respondent No.3 after granting opportunity of hearing as aforesaid is adverse to the petitioners, the petitioners will be at liberty to challenge the said order before the Appellate Authority. 5. After recording the above statement and directions, Writ Petition is disposed of accordingly . CHIEF JUSTICE SMT. SONDURBALDOTA , J.