Suresh K. Sajnani vs Director Of Prohibition And Excise ... on 7 February, 2022

Author: Vaibhavi D. Nanavati

Bench: Vaibhavi D. Nanavati

 C/SCA/53/2022 ORDER DATED: 07/02/2022

 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CIVIL APPLICATION NO. 53 of 2022

=====================================================
 SURESH K. SAJNANI
 Versus
 DIRECTOR OF PROHIBITION AND EXCISE DEPARTMENT
=====================================================
Appearance:
MR S M DAVE(11268) for the Petitioner(s) No. 1
SHIVAM D PARIKH(9477) for the Petitioner(s) No. 1
MR. ISHAN JOSHI, AGP for the Respondent(s) No. 1,2
=====================================================

 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

 Date : 07/02/2022

 ORAL ORDER

1. Mr. Shivam M. Dave, the learned counsel appearing for
the writ-applicant states that the writ-applicant is constrained to
approach this Court, in view of the fact that the application for
renewal of health permit to possess and use foreign liquor in the
State of Gujarat issued in favour of the writ-applicant bearing
Health Permit No. 201443252, despite several representations was
not considered by the respondent authorities. In view of above, the
writ-applicant approaches this court with the following reliefs:

 "(a) To direct the respondent authorities to renew
 the Health permit to possess and use foreign liquor
 in the State of Gujarat for personal use under
 Section 64 of the Bombay Foreign Liquor Rules,
 1953;

 (b) To direct the respondent authorities to consider
 the application made by the petitioners for renewal

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 the Health permit to possess and use foreign liquor
 in the State of Gujarat for personal use under
 Section 64 of the Bombay Foreign Liquor Rules,
 1953;

 (c) To grant extension of the petitioners Health
 permit to possess and use foreign liquor in the State
 of Gujarat for personal use under Section 64 of the
 Bombay Foreign Liquor Rules, 1953;

 (d) Any other and further relief, which is just and
 proper, may kindly be granted as may be deemed
 expedient by this Hon'ble Court in the facts and
 circumstances of the case.

 (e) Award cost of the present petition."

2. This Court issued Notice on 17.01.2022 making it
returnable on 07.02.2022.

3. Mr. Ishan Joshi, the learned Assistant Government
Pleader appearing for the respondent-State produced a
communication dated 28.10.2021, which is the internal
communication by the respondent no.2 to the respondent no.1
stating that the respondent no.2 is not in receipt of any application
as stated by the writ-applicant.

4. Mr. Ishan Joshi, the learned AGP, under the
instructions, candidly submitted that if the writ-applicant filed an
appropriate application to the respondent no.2, the said application
would be considered by the respondent no.2 authority, in
accordance with law.

5. Mr. Shivam Dave, the learned counsel submitted that
the writ-applicant is ready and willing to submit/prefer an

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application before the respondent no.2. Mr. Dave, the learned
counsel further submitted that, the respondent no.2 may be directed
to decide the said application expeditiously.

6. Heard the learned counsel appearing for the respective
parties.

7. Without going into the merits of the matter, it is
appropriate to direct the writ-applicant to file an application before
the respondent no.2, in view of the statement made by Mr. Ishan
Joshi, the learned AGP appearing for the respondent authority. It is
further directed that if an application is made by the writ-applicant
to the respondent no.2, the respondent no.2 shall decide the same
as expeditiously as possible, preferably within a period of four
weeks from the date of the receipt of such application.

8. In view of above, without expressing any opinion on
the merits of the matter, the present writ-application stands
disposed of. It is, however, kept open for the writ-applicant to
approach this Court in case of any difficulty.

 (VAIBHAVI D. NANAVATI,J)
Pradhyuman

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