Smt. Aswita W/O Arvind Thakare ... vs The State Of Maharashtra, Thr. ...
2016 Latest Caselaw 5672 Bom

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




                                                                           
                                                   
                              WRIT PETITION NO. 4812 OF 2016

                Shri Chandanlal Mangalprasad Jaiswal,
                aged about 76 yeas, Occ. Business,




                                                  
                Having his CL-III shop at Chikhalgaon,
                Tq. Wani, Distt. Yavatmal                            PETITIONER

                                   ...VERSUS...




                                        
     1]         The State of Maharashtra,
                             
                Secretary, State Excise Department,
                Mantralaya, Madam Kama Road,
                Mumbai-32.
                            
     2]         The Collector, 
                State Excise, Yavatmal.......                     RESPONDENTS.
      

                                          AND
                              WRIT PETITION NO. 4780 OF 2016
   



                Parth Wine Shop, through its
                Proprietor Suresh Narayanrao Dhanorkar,
                aged about 40 years, Occ. Business/





                Social Worker, R/o. Laxmi Nagar,
                Warora, District Chandrapur.                         PETITIONER

                                   ...VERSUS...





                The District Collector, 
                (State Excise Department), Yavatmal.......        RESPONDENT
                                                                           .

AND WRIT PETITION NO. 4781 OF 2016

M/s. Shrimati K.P.Jaiswal, Licensee C L-III/89/2016-17, Mouza Rajur, Tq. Wani, Distt. Yavatmal, through its Proprietor, Ashok s/o

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Puranlal Jaiswal, aged about 45 years, R/o. Shivaji Chowk, Malipura,

Yavatmal. PETITIONER

...VERSUS...

The District Collector, (State Excise Department), Yavatmal....... RESPONDENT

AND WRIT PETITION NO. 4782 OF 2016

Gitanjali Wine Bar, Matholi, Tq.Wani, Distt. Yavatmal, through its Partner

Sadaiah Ramanarsu Karukapa (Karupaka), aged 46, R/o. Ghuggus, Distt. Chandrapur PETITIONER

...VERSUS...

The District Collector, (State Excise Department), Yavatmal....... RESPONDENT

AND

WRIT PETITION NO. 4783 OF 2016

Deepak Traders, Licensee CL-III/137/2016-17, Mouza Bhalar,

Tq. Wani, Distt. Yavatmal, through its partner Deepak Premshankar Tiwari, aged about 43 years, R/o. 12, Ghandai Nagar, Nagpur. PETITIONER

...VERSUS...

The District Collector, (State Excise Department), Yavatmal....... RESPONDENT

AND WRIT PETITION NO. 4784 OF 2016

Nilkanthrao Keshavrao Derkar, Licensee CL-III/46/2016-17, Mouza

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Wani, Tq. Wani, Distt. Yavatmal, through its Proprietor N.K.Derkar,

aged about 60 years, R/o. Jatra Road, Wani, Distt. Yavatmal PETITIONER

...VERSUS...

The District Collector,

(State Excise Department), Yavatmal....... RESPONDENT

AND WRIT PETITION NO. 4785 OF 2016

Sanroj Bar and Restaurant,

through its Proprietary Sou. Padma Kankaiya Odalkondawar, aged about 45 years, R/o. Mungoli, Tq. Wani,

Distt. Yavatmal PETITIONER

...VERSUS...

The District Collector, (State Excise Department), Yavatmal....... RESPONDENT

AND WRIT PETITION NO. 4786 OF 2016

Sanjay Traders, Licensee CL-III/88/2016-17, Mouza Chargaon, Tq. Wani, District Yavatmal through its Partner Yogesh Ramchandra Nanwani, aged about 31 years, R/o. Wani,

District : Yavatmal PETITIONER

...VERSUS...

              The District Collector, 
              (State Excise Department), Yavatmal.......        RESPONDENT

                                           AND





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WRIT PETITION NO. 4787 OF 2016

Sau. Minakshi Natthuji Nakshine, Licensee CL-III/79/2016-17, Mouza

Wani, Mukutban, Tq. Zari, District Yavatmal through its Proprietor Sau. Minakshi Natthuji Nakshine, aged about 55 years, Mouza Mukutban,

Tq. Zari, Distt. Yavatmal PETITIONER

...VERSUS...

                                        
              The District Collector, 
              (State Excise Department), Yavatmal.......        RESPONDENT
                              ig          AND

WRIT PETITION NO. 4788 OF 2016

Varlakshmi Traders,Licensee CL-III/08/2016-17, Mouza Wani, Tq. Wani, District

Yavatmal through its Proprietor Vikram Tulsidasji Nanwani, aged

about 48 years, Mouza Wani, Tq. Wani, Distt. Yavatmal PETITIONER

...VERSUS...

The District Collector, (State Excise Department), Yavatmal........ RESPONDENT

AND

WRIT PETITION NO. 4789 OF 2016

D.D.S Restaurant and Wine Bar, through its Proprietary, Dhiraj Diliprao Devade, aged about 29 years, R/o. Natraj Chowk, Wani, Distt. Yavatmal PETITIONER

...VERSUS...

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              The District Collector, 
              (State Excise Department), Yavatmal........        RESPONDENT




                                                                          
                                          AND




                                                  

WRIT PETITION NO. 5101 OF 2016

Smt. Aswita Arvind Thakare, aged about 33 years, Occ. Businesswoman,

R/o. Kumbha, Tah. Maregaon, Distt. Yavatmal, through her Power of Attorney Holder, Shri Arvind Vasantrao Thakare, aged 42 years, Occ. Businessman,

R/o. Kumbha, Tq. Maregaon, District - Yavatmal PETITIONER ig ...VERSUS...

1] The State of Maharashtra, Secretary, State Excise Department, Mantralaya, Madam Kama Road, Mumbai-32.

     2]       The Collector, 
   



              State Excise, Yavatmal.......                      RESPONDENTS.

                                          AND

WRIT PETITION NO. 5102 OF 2016

Parmanand Jainarayan Jaiswal, aged 49 years, Occ. Businessman, R/o. Karanji Road, Tq. Kelapur, Distt. Yavatmal PETITIONER

...VERSUS...

1] The State of Maharashtra, through its Secretary, State Excise Department, Mantralaya, Madam Kama Road, Mumbai-32.

     2]       The Collector, 
              State Excise, Yavatmal.......                      RESPONDENTS.




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                                          AND

WRIT PETITION NO. 5103 OF 2016

Smt. Parinita Parmanand Jaiswal,

aged 48 years, Occ. Businesswoman, R/o. Maregaon, Tq. Maregaon, Distt. Yavatmal PETITIONER

...VERSUS...

1] The State of Maharashtra, Secretary, State Excise Department,

Mantralaya, Madam Kama Road, Mumbai-32.

     2]      The Collector, 
                             
             State Excise, Yavatmal.......                                   RESPONDENTS
                            

------------------------------------------------------------------------------------------- Shri A.S.Jaiswal, Senior Advocate, assisted by Shri N.A.Padhye, Advocate for Petitioner in W.P.No. 4812/2016. Shri Abhay Sambre, Advocate, for petitioners in W.P. Nos. 4780, 4781,

4782, 4783, 4784, 4785, 4786, 4787, 4788 and 4789 of 2016. Shri R.D.Bhuibhar, Advocate, for petitioners in W.P. Nos.5101, 5102

and 5103 of 2016.

Shri N.S.Rao, AGP for Respondents in all petitions.

-------------------------------------------------------------------------------------------

CORAM: R. K. DESHPANDE, J.

                                              th
                              DATE    : 29       SEPTEMBER, 2016 .

     ORAL JUDGMENT (Common)





              1]               Rule made returnable forthwith.

Heard finally by consent of learned counsels

appearing for the parties.

2] By impugned order dated 08.08.2016, CL-III

license possessed by the petitioners has been cancelled in

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exercise of the powers conferred under Section 54 (1)(c) of

the Bombay Prohibition Act. In the order impugned, certain

reports have been relied upon, which undisputedly were not

supplied to the petitioners. It is merely on the basis of data

reflected in paragraph (3) of the order impugned about the

increase in sale of country liquor within a span of one year

that the inference has been drawn about the possibility of

illegal sale of liquor in prohibited Chandrapur District. The

existence of an alternate remedy of preferring an appeal

under Section 137 of the Bombay Prohibition Act in such a

case not be of much consequence.

3] The learned AGP appearing on behalf of

respondents states that all the documents relied upon in the

order impugned for taking action of cancellation of license

shall be supplied to the petitioners and thereafter granting an

opportunity of hearing to the petitioners, an appropriate order

shall be passed.

4] In the result, the writ petitions are allowed. The

order dated 08.08.2016 impugned in all the petitions is

hereby quashed and set aside. The petitioners to appear

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before the respondent-Collector on 17.10.2016, on which

date the petitioners shall be supplied with the documents

which are referred to in the order impugned. The petitioners

shall be permitted to file their replies within a period of one

month thereafter. The Collector shall after granting hearing

to the petitioners shall pass appropriate order in accordance

with law.

It is made clear that this Court has not at all gone

into the merits of the controversy involved in the matter.

There is no basis for the apprehension of the petitioners that

the respondent Authorities shall stop the business of the

petitioners until fresh order is passed.

Rule is made absolute in above terms. No

orders as to costs.

JUDGE

Rvjalit

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C E R T I F I C A T E

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Uploaded by : R.V.Jalit, P.A. Uploaded on : 29 September, 2016