Renuka Dinkarrao Mahatme And ... vs The Collector, Amravati And ...
2023 Latest Caselaw 9988 Bom

2023:BHC-NAG:14192-DB


                                                           1                                 64 wp6475.2023(j).odt


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

                                            WRIT PETITION NO.6475 OF 2023

                 1.       Renuka Dinkarrao Mahatme,
                          Aged about 65 years, Occ- Business,
                          Partner of G.S.Nawale Country Liquor Shop (License No.CL-III-79)
                          Asegaon Purna, Tahsil- Chandur Bazar,
                          District Amravati

                 2.      Narendra Satyanarayan Tripathi,
                         Aged about 58 years, Occ - Business,
                         Proprietor of Country Liquor Shop (License No.CL-III-38)
                         Purna Nagar, Tahsil Bhatkuli,
                         District Amravati.

                 3.     Vinod Kishorilal Jaiswal,
                        Aged about 59 years, Occ - Business,
                        Proprietor Country Liquor Shop(License No.CL-III-87)
                        Asadpur, Tahsil-Achalpur,
                        District Amravati .                            ....PETITIONERS

                                                           ... VERSUS ...

                 1.     The Collector,
                        Amrvati.

                 2.     The Police Station Officer,
                        Police Station, Asegaon Purna,
                        Tahsil - Chandur Bazar,
                        District Amravati.

                 3.     The State of Maharashtra,
                        through its Secretary,
                        Department of State Excise, Mantralaya,
                        Mumbai-32.                                                         ...RESPONDENTS
                 -------------------------------------------------------------------------------------------------------
                 Shri Akshay Naik, Advocate with Shri Madhur Deo, Advocate for petitioners.
                 Ms N. P. Mehta, Assistant Government Pleader for respondents.
                 -------------------------------------------------------------------------------------------------------

                 CORAM :- A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.

DATE :- 27th September, 2023

ORAL JUDGMENT (PER : A.S. CHANDURKAR J.):

                                    2                         64 wp6475.2023(j).odt


.             Rule. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The challenge raised in this writ petition is to the notice dated

21.09.2023 that has been issued by the second respondent directing

closure of country liquor shops for the period from 29.09.2023 to

01.10.2023.

3. Shri Akshay Naik, the learned counsel for the petitioners

submits that though the impugned notice has been issued on 21.09.2023

invoking powers under Section 142 (1) of the Maharashtra Prohibition Act,

1949 (for short, the Act of 1949), the procedure prescribed by Rule 26 (1)

(d) of the Maharashtra Country Liquor Rules, 1973 (for short, the Rules of

1973) requiring the notice not less than 7 days to be published in the

Official Gazette and in local newspaper has not been complied with.

4. Ms. N. P Mehta, learned Assistant Government Pleader for

respondents has produced the relevant documents including the

communication dated 18.09.2023 that has been issued by the Collector,

Amravati to the Superintendent of Police (Rural). In the said

communication, it has been stated that if found necessary, the appropriate

steps under Section 142 (2) of the Act of 1949 could be taken by the Police

Station Officer subject to compliance with the provisions of Rule 26 (1) (d)

of the Rules, of 1973. Alongwith the documents produced, the copy of the

Official Gazette or any local newspaper wherein such notice has been

published is not produced. On instructions, it is submitted that such notice 3 64 wp6475.2023(j).odt

was not published in the Official Gazette and in any local newspaper

having wide circulation in the said area.

5. We find that the impugned notice has been issued by the

Police under Station Officer invoking powers under Section 142 (2) of the

Act of 1949. If a licenced shop selling country liquor is required to be kept

closed on the dates other than those referred to in Rule 26 (1) (b) of the

Rules of 1973, the procedure prescribed by Rule 26 (1) (d) would be

required to be followed. Since this mandatory procedure of giving notice in

the Official Gazette and in any local newspaper has not been complied

with, which notice is required to be given by the Collector, the order passed

by the Police Station Officer under Section 142 (2) of the Act of 1949

cannot be sustained.

6. Hence excluding date 28.09.2023 the impugned notice dated

21.09.2023 requiring the petitioners to keep country liquor shops closed on

29.09.2023, 30.09.2023 and 01.10.2023 is quashed and aside. Rule is

made absolute in aforesaid terms. No costs.

The authenticated copy of this judgment be furnished to the

learned counsel for the parties.

(MRS. VRUSHANLI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

Andurkar..

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 27/09/2023 19:35:18