Bombay High Court
Bhushan Wine Shop, Nagpur Through ... vs The State Of Maharashtra, State ... on 13 January, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.248 OF 2021
Bushan Wine Shop,
bearing FL-II License No.38
CL/FL/TOD-III License No.32 at Shop
No.2, Manwani Chambers, Plot No.690,
Ward No.54, Indora, Nagpur;
through its Partner - Motilal Namdeo
Rokade, aged about 64 years,
Occ: Business, R/o House No.730,
Jhansirani Square Bhandara Road, Pardi,
Nagpur.
.....PETITIONER
...V E R S U S...
1) The State of Maharshtra,
State Excise, Mantralaya,
Mumbai, through its Secretary.
2) The Commissioner,
State Excise, Maharashtra State,
Mumbai.
3) The Collector,
State Excise, Nagpur.
4) Superintendent,
State Excise, Nagpur. ...RESPONDENTS
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Shri S.G. Jagtap, Advocate for petitioner.
Shri I.J. Damle, AGP for respondents.
Shri Nitin Jaiswal, Advocate for intevenors.
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CORAM:- V. M. DESHPANDE, J.
DATED :- JANUARY 13, 2021.
ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel of the parties.
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(2) This petition is filed by Bhushan Wine Shop through its
partner Motilal Namdeo Rokade. Bhushan Wine Shop is a license
holder having FL-II License No.38 and FL-III License No.32 and the
petitioner is permitted to run the business as per the license at Shop
No.2, Manwani Chambers, Plot No.690, Ward No.54, Indora, Nagpur.
(3) The petitioner moved an application before the
Collector, Nagpur for shifting his license from Manwani Chambers,
Plot No.690, Corporation House No.63, Ward No.54, Indora,
Nagpur to Block No.G-4, Shiv Darshan Complex-1, Plot Nos.11,
12, Dighori, Nagpur. The learned Collector vide order dated
28.08.2019 rejected the application. Against that the petitioner
preferred an appeal under Section 137(2) of Maharashtra
Prohibition Act, 1949. The said appeal was registered as Appeal
No.195 of 2019. The appeal was dismissed vide order dated
31.07.2020, therefore this writ petition.
(4) The only point presently argued by Shri S.G. Jagtap,
learned counsel for the petitioner in this writ petition is that the
Collector, before rejecting the application for transfer of
licensed place, did not given an opportunity of hearing to the
petitioner. He, therefore, prays that matter be remanded back to the
Collector, Nagpur.
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(5) It is not in dispute that even as on today the petitioner
is carrying on his business at Manwani Chambers, Plot No.690,
Corporation House No.63, Ward No.54, Indora, Nagpur and his
shop is not transferred. The order of the Collector does not reflect
that opportunity of hearing was given to the petitioner. Similarly,
from the order passed by the Commissioner it is clear that the
hearing was not given to the petitioner after the direction given by
the Division Bench of this Court by order dated 16.06.2020.
Therefore, the application of the petitioner for shifting his license
is decided without giving opportunity of hearing. In that view of
the matter, prayer is made by the learned counsel for the
petitioner that the matter be remanded to the Collector, Nagpur
for taking the decision afresh after giving an opportunity of
hearing to him in just. Similarly, applicants in Civil Application
No.63 of 2021 are also entitled to be heard.
(6) Consequently, I pass the following order :
i) The writ petition is partly allowed.
ii) The order dated 27.08.2019 passed by the Collector,
Nagpur which was communicated the petitioner on
28.08.2019 together with order passed by the
Commissioner, State Excise, Nagpur dated 31.07.2020
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rejecting the application of the petitioner for shifting his
license is hereby quashed and set aside.
iii) The Collector shall decide the matter afresh by
giving opportunity of hearing to the petitioner or his
counsel and the applicants in Civil Application No.63 of
2021 i.e. Jitendra Bacchalal Chauhan and Rajkumar
Nandlal Shahu, either in-person or through their advocate.
iv) It is expected from the Collector, Nagpur to
decide the application afresh within a period of 4
months from the date of first appearance.
v) The petitioner and the applicants in Civil
Application No.63 of 2021 are directed to appear before
the Collector, Nagpur on 28.01.2021 at 04:00 p.m.
vi) The petitioner as well as applicants in Civil
Application No.63 of 2021 shall give their full
cooperation to the Collector, Nagpur for expeditious
disposal and shall not file unnecessary applications for
adjournments.
Rule is made absolute in above terms. No order as to costs.
JUDGE
Wagh
