Bombay High Court
Deepak Traders Licence ... vs The District Collector (State ... on 29 September, 2016
Bench: Ravi K. Deshpande
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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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