1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6983 OF 2009 Shriniwas S/o.Laxmirajam Burra, Age-31 years, Occu-Business, Partner of CL-III Licence No.77, R/o.Shirur Tajband, Tq.Ahmedpur, District : Latur PETITIONER VERSUS 1. The State of Maharashtra, Through the Secretary, State Excise Department, Mantralaya, Mumbai, 2. The Commissioner for State Excise, Old Customs House, Mumbai 3. The Collector, Latur State Excise Department, Latur, District : Latur RESPONDENTS Mr.V.D.Hon, learned counsel for the petitioner. Mr.V.H.Dighe, learned AGP for respondents/State (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 15/10/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage 2 of admission. 2. By this petition under Article 226 of The Constitution of India, the petitioner prays for issuance of a writ of mandamus directing respondent no.2 Commissioner for State Excise, Maharashtra State, Mumbai to hear and decide the appeal and the stay application filed by the petitioner challenging the order dated 19/09/2009 suspending the license of the petitioner. 3. In the light of the limited nature of relief which the petitioner has prayed for in this petition, we deem it appropriate to decide this petition finally at this stage. Since the appeal accompanied by an application for stay is said to be pending, we direct the petitioner to appear before respondent no.2 Commissioner for State Excise, Mumbai on 23/10/2009 and further direct the respondent no.2 to decide the application for stay within 2 weeks of 23/10/2009 and communicate the decision thereon to the petitioner. The appeal be decided by respondent no.2 in accordance with Law as expeditiously as possible. 4. Rule is thus made absolute on the above terms with no order as to costs. Copy of this order duly authenticated by Shirastedar of this Court be provided to counsels for the parties to act upon. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp6983-09