1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.1473 of 2009 Shri Vaju K.Shetty ...Petitioner vs. 1 The state of Maharashtra and others ..Respondents Mr.D.B.Sawant for petitioner Mr.G.W.Mattos, A.G.P. for respondent nos.1 to 3. CORAM: S.J.KATHAWALLA J. 2 nd September, 2009 P.C. 1 By this writ petition, the petitioner has impugned the order dated 20 th June 2009 passed by the Commissioner of State Excise, Maharashtra State, Mumbai. In an appeal under section 137(2) of the Bombay Prohibition Act, 1949 filed against the order / letter of the Superintendent of State Excise, Mumbai (City) dated October 2008 calling upon the appellant to pay privilege fee plus interest for transfer of the licence 2 from the name of the deceased licensee to the name of his legal heirs. In the impugned order, it is observed that the Commissioner of State Excise takes up appeals filed against the order of the Collector under section 137(2) of the Bombay Prohibition Act, 1949 and not against the orders/letters of the Superintendent State Excise. In view thereof the appeal was not entertained by the Commissioner of State Excise and the appellant was advised to seek redressal of his grievances before the Collector, Mumbai (City). 2 I see no reason for this Court to interfere with the impugned order dated 20 th June 2009 under Article 226, since by the impugned order the appellant is only informed that he should file his appeal before the proper forum and that he should seek redressal of his grievances before the Collector, Mumbai (City). 3 3 The learned Advocate appearing for the petitioner submits that this Court may direct the Collector to dispose of the appeal within a specified period from the date of filing of such appeal by the petitioner. 4 In view thereof following order is passed. In the event of the petitioner filing an appeal before the Collector, Mumbai (City), impugning the order dated October 2008 (Exhibit-H to the petition), the Collector shall endeavour to dispose of the said appeal within a period of 8 weeks from the date of filing of such appeal. It is made clear that all contentions of the parties are kept open. 5 The petition stands disposed of on the above terms. (S.J.KATHAWALLA J.)