abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8375 OF 2008 M/s Datta Hydro-chem Private Ltd. .. Petitioner V/s State of Maharashtra & Ors. .. Respondents Mr.S.S. Kanetkar for the petitioner. Mr.S.N. Patil, A.G.P. for respondents nos.1 to 4. CORAM : D.G. KARNIK & V.R. KINGAONKAR, JJ. DATE : 24TH DECEMBER 2008 P.C. P.C. P.C. : 1. Rule, returnable forthwith. Learned A.G.P. waives service for respondents nos.1 to 4. Service of Rule on respondent no.5 is dispensed with as it is only a formal party. 2. Heard. 3. The petitioner was granted licence under the Maharashtra Solvent, Raffinate and Slop (Licensing) Order, 2007 which is valid upto 31st December 2008. - 2 - Under Rule 8 of the Solvent, Raffinate and Slop (Acquisition, Sale, Storage and prevention of use in automobiles) Rules, 2000 (for short "the Rules"), the petitioner is required to apply for renewal of licence at least 20 days before the date of its expiry. Accordingly, the petitioner applied for renewal of the licence on 16th October 2008 which is well before the last date for applying for the renewal. The grievance of the petitioner is that no order has been passed on its application for renewal. He apprehends that he will be prevented from carrying out the business after 31st December 2008 on account of inaction of the respondents for deciding his application. He therefore prays for mandamus directing the respondents to decide his application forthwith and in any event before 31st December 2008. 4. Learned counsel for the petitioner states that hearing of the application for renewal by the respondent no.2 was posted today. However, the respondent no.2 is not available in his office today and no hearing has taken place as indicated in the notice. 5. In our view, the petitioner has applied for renewal of the licence in time. In the circumstances, the respondents ought to decide the said application before the expiry of the licence. We accordingly direct - 3 - the respondents to decide the petitioner’s application for renewal of the licence as expeditiously as possible and preferably within 7 days hereof. In the event the application is not decided within 7 days, the petitioner’s licence shall be deemed to be renewed from the date of the application of the petitioner till the decision on his application. Rule is made absolute to the extent indicated above. 6. The petition is disposed of. (D.G. KARNIK, J.) (V.R. KINGAONKAR, J.)