Sahyadri Country Bar vs The State Of Maharashtra
2023 Latest Caselaw 2995 Bom

2023:BHC-OS:1903-DB                                                         30-OSWPL-7587-2023.DOC




                      Shephali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                      WRIT PETITION (L) NO. 7587 OF 2023


                      Sahyadri Country Bar                                               ...Petitioner
                           Versus
                      The State of Maharashtra                                       ...Respondents


                      Mr Suresh Sabrad, with Pratik Sabrad, i/b Suresh Sabrad, for the
                           Petitioner.
                      Mr Abhay L Patki, Addl. GP, for the Respondent-State.


                                                    CORAM     G.S. Patel &
                                                              Neela Gokhale, JJ.

                                                    DATED:    27th March 2023
                      PC:-
  SHEPHALI
  SANJAY
  MORMARE

  Digitally signed
  by SHEPHALI
  SANJAY

1. The issue in this Petition would be entirely covered by our MORMARE Date: 2023.03.27 17:57:06 +0530 order and judgment dated 23rd January 2023 in Writ Petition (L) No. 40535 of 2022, a copy of which is at page 80 of this Petition.

2. This Petition also relates to relocation of a country liquor vending establishment or shop. It ought to be relocated on account of a slum redevelopment project. In the previous case also, we had noted that there was no objection to the site of the relocation but the license holder was simply not being permitted to restart the business.

27th March 2023

30-OSWPL-7587-2023.DOC

3. There is nothing material to distinguish this case from the earlier one. Accordingly, we issue Rule, make it returnable forthwith and proceed to make it absolute in terms of prayer clauses (b) and

(c), which read thus:

"(b) by an appropriate writ, order or direction, this Hon'ble Court be pleased to hold and declare the action on part of the Respondents in refusing permission for reopening Petitioner's Country Liquor Bar bearing license No. CL III in new licensed premises i.e. Gala No. 1, Ground Floor, Ekta SRA Ltd., S.G. Barve Marg, Nehru Nagar, Kurla East, Mumbai 400 024 is wholly illegal;

(c) by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct Respondents to grant permission for reopening of Petitioner's Country Liquor Bar bearing license No. CL III in new licensed premises i.e. Gala No. 1, Ground Floor, Ekta SRA Ltd., S.G. Barve Marg, Nehru Nagar, Kurla East, Mumbai 400 024, within two weeks from today."

4. We specifically incorporate as part of this order the observations made in paragraph 14 of the previous order, which read thus:

"Mr Patki draws our attention to a Home Department Notification dated 23rd February 2021 which says that in case of "open shifting", the shifting is permitted where no shop with the similar license is within an aerial distance of 200 meters from the proposed premises. On the face of it, this notification cannot apply to a case such as the Petitioner's."

27th March 2023

30-OSWPL-7587-2023.DOC

5. The permissions are to be granted by 10th April 2023.

6. List the matter for compliance on 13th April 2023.

(Neela Gokhale, J) (G. S. Patel, J)

27th March 2023