Hotel Suncity Restaurant, ... vs State Of Maha. Through Secretary ...
2016 Latest Caselaw 4510 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT NAGPUR, NAGPUR.




                                                                                     
                                                                ...

WRIT PETITION NO. 4293/2016 Hotel Suncity Restaurant survey No.321 and 322/1

Moua GHORAD Katol Bypass, Tq.Kalmeshwar Dist. Nagpur Through its authorised Partner

Sumit Shivraj Dhote, Aged about 30 years, occu: Business R/o 141, Suyog Nagar, Opposite of NIT Garden

Ring Road, Nagpur. ..PETITIONER

v e r s u s

1) State of Maharashtra Through the Secretary State Excise Department Mantralaya, Mumbai

2) The Collector

State Excise, Nagpur.

3) The District Committee, Nagpur Through its Chairman

Collector of District Nagpur.

4) The Superintendent of Prohibition and Excise of the District Nagpur and Member-Secretary of District Committee of Nagpur District, Nagpur. ...RESPONDENTS

...........................................................................................................................

Mr. S.G. Jagtap, Advocate for petitioner Mr.D.P. Thakre, Additional Government Pleader for Res. Nos.1 to 4 ............................................................................................................................

                                                         CORAM:    SMT. VASANTI A. NAIK   &
                                                                        SMT . SWAPNA  JOSHI, JJ
                                                                                               . 
                                                         DATED :        5th August,  2016





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ORAL JUDGMENT: (PER SMT.VASANTI A. NAIK, J.)

Rule. Rule made returnable forthwith. The petition is heard

finally at the stage of admission, with the consent of the learned counsel for

the parties.

By this Writ Petition, the petitioner seeks a direction to the

respondent no.2-Collector, State Excise, Nagpur and respondent No.3 -District

Committee, Nagpur to hold the meeting under the Rules of the Maharashtra

Prohibition Act, 1949 for considering the application filed by the petitioner for

grant of Permit-Room license under Form FL.III at Hotel Suncity Restaurant

in Taluqa: Kalmeshwar.

Shri D.P. Thakre, the learned Additional Government Pleader

appearing on behalf of the respondents states that a meeting as sought by the

petitioner, would be convened within a period of three months and the

application of the petitioner for grant of Permit-Room license in Hotel Suncity

Restaurant would be decided within three months.

In view of the statement made by the learned Additional

Government Pleader, we allow the Writ Petition. We direct the respondents to

constitute a Committee under the Rules of the Maharashtra Prohibition Act

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1949 and decide the application of the petitioner within three months.

Rule is made absolute in the aforesaid terms, with no order as to

costs.

                   JUDGE                             JUDGE




                                               
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Uploaded on: 09.08.2016.