SSK/25 1 WP.1393.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1363 OF 2011 Utpalkumar Biswas ....Petitioner Versus The Collector of Pune & Ors. ...Respondents Mr. Vishal Thadani i/b. Mrs. Veena Thadhani for the petitioner. Ms. P. S. Cardoza, AGP for respondents. CORAM : RANJIT MORE, J. DATED : 8TH MARCH, 2011. P.C.: Heard Mr. Thadhani, learned counsel for the petitioner and Ms.Cardoza, learned AGP for the respondents. 2. By an order dated 3rd February, 2011, the respondent no.1 cancelled FL/BR-2 licence in respect of the petitioner’s establishment i.e. M/s. A. R. Beer and Wine Shoppe. It is the grievance of the petitioner that the said licence was cancelled without affording an opportunity of hearing and contrary to the principles of natural justice. The petitioner being aggrieved by the aforesaid order, filed an appeal before the respondent no. 2 challenging the said order along with an application for stay on 10th February, 2011. Since respondent no.2 was not available, no orders were passed and the petitioner, therefore, was constrained to prefer this writ petition. This writ petition was urgently mentioned on 11th February, 2011 and this Court after hearing the petitioner granted stay in terms of SSK/25 2 WP.1393.11 prayer clause (c ) i.e. stay to the order of respondent no.1 cancelling the licence in respect of petitioner’s establishment. 3. Having heard learned counsel for the petitioner and learned AGP for respondent and considering the fact that already an ad-interim order is passed in terms of prayer clause ( c ) of this petition, in my view, the petition can conveniently be disposed of by passing the following order : 1. The respondent no.2 is directed to decide the petitioner’s appeal along with the application for stay filed on 10th February, 2011 under Section 137(2) of the Bombay Prohibition Act, 1949 as expeditiously as possible and in any case within a period of four weeks from the date of receipt of this order. 2. Interim order granted by this Court in the above writ petition on 11th February, 2011 is continued during the pendency of the above said appeal. 3. In the event of passing any adverse order by the respondent no.2 in the aforesaid appeal, the same shall not be given effect for a period of two weeks from the date of communication of the same to the petitioner. Order accordingly. The writ petition is disposed of. (RANJIT MORE,J.)