IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Madhav Jamdar, J.
Atul Ashok Ghule & Ors. - Appellants
Versus
Collector Of Pune & Ors. - Respondents
Writ Petition No. 7450, 7451, 7452, 7453, 7454, 7455, 7456, 7457, 7458, 7459, 7460, 7461, 7462, 7463, 7464, 7465, 7466, 7467 of 2021
Decided On : 09-11-2021
Principles of Natural Justice - Show Cause Notice - Violation - Suspension Order Withdrawn
Fact of the Case:
The petitioners argued that the show cause notice issued by the Collector of Pune, State Excise Department, which also suspended licenses, violated principles of natural justice.
Finding of the Court:
The court found that the suspension order contained in the show cause notices was withdrawn by an order/clarification issued by the Collector, Pune. As a result, the writ petitions were disposed of as infructuous.
Issues: Violation of principles of natural justice, suspension order in show cause notices
Ratio Decidendi: The court's decision was influenced by the withdrawal of the suspension order by the Collector, Pune, rendering the petitions infructuous.
Final Decision: Writ Petitions are disposed of as infructuous, with all contentions on merits expressly kept open.
JUDGMENT
Madhav J. Jamdar, J. - Heard Mr. Vishal Thadani, learned counsel for the petitioners and Mr. S. H. Kankal, learned AGP for the Respondent-State.
2. On 8th November, 2021 these matters were argued for petitioners by Ms. Veena Thadani for some time. The learned counsel for the petitioners pointed out that although show cause notice was issued by the Collector of Pune, State Excise Department however, by show cause notice licenses were also suspended. She submitted that the same is in violation of principles of natural justice. Yesterday learned AGP sought time to take instructions and therefore, all these matters were adjourned to today.
3. Today, learned AGP produced order/clarification dated 8th November, 2021 issued by the Collector, Pune by which, it is clarified that the suspension order as contained in impugned show cause notices are withdrawn and therefore, the same will be treated as only show cause notice and as all the petitioners have replied to said show cause notice, hearing as regards said show cause notice would be held on 16th November, 2021.
4. In view of this order/clarification dated 8th November, 2021 of the Collector, Pune, Mr. Thadani, learned counsel for the petitioners fairly states that nothing survives in the Writ Petitions.
5. Writ Petitions are disposed of as infructuous.
6. It is clarified that all the contentions on merits are expressly kept open.
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