Bombay High Court
Sachin Kisan Gore vs The State Of Maharashtra Through D.C. ... on 6 May, 2024
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2024:BHC-AS:21081-DB
Sayyed 24-WP.6615.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6615 OF 2024
Sachin Kisan Gore,
Age: 44 years, Occu. Business,
R/o. Pride Green Filed Building,
First Floor, Pimpale Nilakh,
Tal. Haweli, Dist. Pune ..Petitioner
Versus
1. The State of Maharashtra,
Through the District Collector,
State Excise Department, Pune.
2. Superintendent of State Excise,
Pune.
3. The Election Commission of India,
Through its Election Commissioner,
New Delhi ..Respondents
__________
Mr. Vikram S. Undre for the Petitioner.
Mr. P. P. More, AGP for Respondent Nos.1 & 2-State.
__________
CORAM : A. S. CHANDURKAR &
JITENDRA JAIN, JJ.
DATE : 6th MAY 2024.
Judgment :- (Per A. S. Chandurkar, J.)
1. On the motion made by the learned counsel for the Petitioner.
The name of the Respondent No.3 is permitted to be deleted from the
array of parties. The deletion be carried out forthwith.
2. Rule. Rule made returnable forthwith. The learned Assistant
Government Pleader waives notice for Respondent Nos.1 and 2.
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Sayyed 24-WP.6615.2024.doc
3. In this Writ Petition challenge has been raised to the order
dated 2nd May 2024 passed by the Collector indicating the period for
which licenses issued under the provisions of Maharashtra Prohibition
Act, 1949 (for short "the Act of 1949") cannot operate in view of the
parliamentary elections. This direction was issued in exercise of powers
under Section 142 of the Act of 1949. During the pendency of the Writ
Petition, the aforesaid order has been modified on 4 th May 2024. The
learned counsel for the Petitioner has tendered copy of the modified
order which is taken on record and marked as 'A' for identification.
4. The learned counsel for the Petitioner submits that as per the
modified order, except for the restriction placed on such closure on the
date of counting of votes which is 4th June 2024, the Petitioner has no
other grievance. He submits that the closure of licenses on 4 th June
2024 should be till the declaration of results and not the entire day. In
that regard, the learned counsel seeks to rely upon the judgment of this
Court in Writ Petition No.6389 of 2024 (Navi Mumbai Hotel Owners
Association & Anr. vs. The District Collector & Ors. ) decided on 3rd May
2024.
5. The learned Assistant Government Pleader for the
Respondents submits to the orders of the Court.
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Sayyed 24-WP.6615.2024.doc
6. Considering the reasons assigned in the decision in the case of
Navi Mumbai Hotel Owners Association & Anr. (supra) it is clear that the
restriction on the operation of licenses issued under the Act of 1949 can
operate only till the declaration of the results on 4 th June 2024. In view
of aforesaid, clause 4 of the order dated 4 th May 2024 for the Loksabha
Constituencies of Baramati, Maval, Pune and Shirur on 4 th June 2024
shall operate only till the declaration of results. The said order is
modified only to that extent.
7. Rule is disposed of in aforesaid terms. No costs.
[JITENDRA JAIN, J.] [A. S. CHANDURKAR, J.]
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