Babulal Mishrilal Jaiswal vs State Of Maharashtra & Others
2017 Latest Caselaw 3297 Bom

                                                                                 901_WP244294.odt


         
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                              WRIT PETITION NO. 2442 OF 1994

Babulal Mishrilal Jaiswal
(Died) Through his L.Rs.

1-A.  Ganeshlal Babulal Jaiswal
         Age: 57 years, Occu.: Business,

1-B.  Jagdish Babulal Jaiswal
        Age: 53 years, Occu.: Business,

1-C.  Dinesh Babulal Jaiswal
         Age: 45 years, Occu.: Business,

1-D.  Suresh Babulal Jaiswal
        Age: 42 years, Occu.: Business,

All R/o  Matruchhaya Niwas, House No. 225,
Main Road, Pandharpur,
Tq. and Dist. Aurangabad.                                      ..PETITIONERS

               VERSUS

1.  State of Maharashtra
     Through its Secretary
     Home Department, Mantrayala
     Mumbai-32.

2.  The Collector,
     Aurangabad.                                               ..RESPONDENTS

                                       ....
Mr. Ajinkya Kale, Advocate h/f Mr. S.B. Talekar, Advocate for petitioners.
Mr. S.K. Tambe, A.G.P. for respondents.
                                       ....

                                                      CORAM : RAVINDRA V. GHUGE, J.

DATED : 16th JUNE, 2017

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901_WP244294.odt

ORAL JUDGMENT :

1. Heard.

2. In this petition, the petitioner has challenged the notice dated 21 st

July, 1994 by which the District Collector, Aurangabad informed him to close

down his country liquor shop and relocate it to a different place in the light of

the report of the Waluj Police Station and the strong objections and resistance of

the residents of the Waluj and Pandharpur area.

3. Since the petitioner has passed away on 17 th June, 2006, this Court

allowed the legal heirs to be brought on record by order dated 28 th March, 2011

in Civil Application No. 9161 of 2010.

4. The learned Counsel for the petitioners submits on instructions that

considering the law laid down by the Hon'ble Supreme Court in State of Tamil

Nadu Vs. K. Balu and Others reported in AIR (2017) SC 1670, all the liquor

shops within the distance of 500 meters from the national and state highways

have been closed down. The petitioners have also closed down the said shop

and have moved the appropriate authorities for renewal of licence and

relocation of the said shop. He therefore submits on instructions that this

petition can be disposed of with the observation that the appropriate authorities

would consider the fresh application of the petitioners on its own merits.

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5. Considering the above, this petition is disposed of. Rule is

discharged.

6. Needless to state, in the event, the petitioners have applied for

relocation of the shop and/or renewal of the licence, the authorities would

consider the same on its own merits.

( RAVINDRA V. GHUGE, J. ) SSD

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