ATUL VIJAY MADAN v. THE COLLECTOR OF NASHIK STATE EXCISE DEPT AND ORS
WP/7626/2026 · 2026-06-25
Shri N J Jamadar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3107 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3107 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
908 wp 7626 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7626 OF 2026 Atul Vijay Madan ... Petitioner versus The Collector of Nashik, State Excise Dept. and Ors. … Respondents Mr. Rajendra Pai, Sr. Advocate with Ms. Veena Thadani, Mr. Aloukik Pai, Ms. Rutuja Gaikwad, for Petitioner. Mr. Yatin Shashikant Kochare, B Panel Counsel for Respondent Nos.1, 2 and
4. Mr. Sugandh Deshmukh, Mr. Abhijit B. Kadam, Ms. Akanksha D. Gond, for Respondent No.3. CORAM: N.J.JAMADAR, J.
DATE :
25 JUNE 2026 P.C.
1. Heard the learned Counsel for the parties. 2. The challenge in this Petition is to an order dated 30 March 2026 passed by the Respondent No.1 – Collector, Nashik, whereby the application filed by Respondent No.3 was allowed and the orders passed by the Collector, permitting the induction of the Petitioner as partner in the licenced establishment on 16 February 2024 and the consequential communication dated 16 May 2024, were cancelled and the licenced establishment came to be restored to the Respondent No.3, - original licencee. 3. The Petitioner has preferred an appeal against the said order before the Commissioner of State Excise (R2). The grievance of the Petitioner is SSP 1/3 2026:BHC-AS:26249
908 wp 7626 of 2026.doc that, though the appeal was preferred on 2 April 2026, the appeal and the application for stay to the execution and operation of the order passed by the Respondent No.2 were not heard and decided. 4. Mr. Kochare, learned Counsel for the Respondent – State had sought time to take instructions as to when the appeal would be heard by the Respondent No.2. A communication addressed by the concerned Officer is placed on record, which indicates that the appeal is scheduled to be heard on 16 July 2026. 5. Having regard to the fact that the appeal was filed on 2 April 2026 and the hearing was held on 17 April 2026, this Court considers it appropriate to direct the preponment of the date of hearing of the appeal. 6. Respondent No.2 is, thus, directed to prepone the hearing of the appeal to 6 July 2026. 7. The parties shall appear before the Respondent No.2 on 6 July 2026. 8. No separate notice now need to be issued to the Petitioner / Respondents. 9.
Respondent No.2 is directed to hear and decide the appeal as expeditiously as possible and if it is not possible to hear the appeal finally on 6 July 2026, take up the application for stay to the execution and operation of the order passed by the District Collector on 30 March 2026 and decide the same expeditiously. SSP 2/3
908 wp 7626 of 2026.doc
10. All contentions of all the parties are kept open for consideration before the Respondent No.2. 11. The Writ Petition stands disposed. ( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 29/06/2026 11:17:28