The High Court issued a direction to the Commissioner, State Excise to decide a pending appeal filed by petitioners within three months, treating it as a second round of litigation.
Direction given to Commissioner, State Excise to decide the Appeal within three months.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 457 OF 2012
Balaji Galsingh Chavan & Anr. .. Petitioners Vs The Collector of Nanded & Anr. .. Respondents
Mr. Veena Thadhani for the Petitioners
Ms. M.P. Thakur, AGP for the State
CORAM : D. D. SINHA &
SMT. V.K. TAHILRAMANI, JJ
DATE : 2nd FEBRUARY, 2012.
P.C.:
1. Heard the learned counsel for the respective parties.
3. It is, in these circumstances, we dispose of the petition and direct the Commissioner, State Excise to decide the Appeal of the petitioners, in accordance with law and the procedure applicable in this regard as early as possible and in any case,
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not beyond a period of three months from the date of this order.
4. We make it clear that since the Appeal is of 2011, in normal course, we would not have given said direction, however, as it is brought to the notice of this Court that this is a second round of litigation, direction to decide the Appeal of the petitioners within stipulated period is given.
[ SMT. V.K. TAHILRAMANI, J ]
[ D. D. SINHA, J ]
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2 issues framed by the court
Whether the Commissioner, State Excise is directed to decide the pending appeal within a stipulated period.
Whether the pending nature of the appeal warrants judicial intervention.
Balaji Galsingh Chavan
Collector of Nanded
D. D. Sinha
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
