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High Court Cannot Stay/Quash An Order In Anticipation, Before It Is Passed

IN CIVIL APPEAL Nos.126­156 OF 2019, Manish S. Pardasani vs Inspector State Excise, some 'Liquor' licensees had approached the Bombay High Court challenging an ex-parte order passed by Commissioner State Excise that directed sealing of their liquor shops. The High Court allowed their petition and quashed the order passed by the Commissioner. It also made serious observations and passed adverse remarks in the manner in which the Commissioner State Excise had dealt with the case, particularly the manner in which ex- parte interim orders were passed, and oral directions issued to the subordinate officers.

One of the directions passed by the High Court in this case read: "We direct that in the event the fourth respondent passes any orders adverse to the petitioners, then such orders shall not take effect for a period of four weeks from the date they are communicated to the petitioners."

On appeal, the Supreme Court observed that a High Court cannot stay or/and quash the orders in anticipation, before they are passed by an authority.

Article referred: https://www.livelaw.in/top-stories/hc-cant-quash-orders-in-anticipation-141931

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