Disposed

Vyasan Mukta Yuvak Sangha and Ors. v. Principal Secretary, Home Ministry Mantralaya, Mumbai and Ors.

Bombay HC13 Oct 2008WP/4171/2008

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of a writ petition regarding the permitted opening of a liquor shop. The court advised the Minister to decide at his level rather than remanding the matter and expressed the expectation that the AGP inform the Chief Minister.

What did the court decide?

The petition was disposed of; the petitioners were granted liberty to withdraw the petition, and the court ordered the AGP to communicate this view to the Chief Minister.

Vyasan Mukta Yuvak Sangha and Ors. Vs Principal Secretary… — Property and Title | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO.4171 OF 2008

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 Vyasan Mukta Yuvak Sangha

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 & Ors. .. . .. Petitioners.

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vs.

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 Principal Secretary,

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 Home Ministry, Mantralaya,

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 & Ors. .. Respondents.

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 Mr. Nilesh Bhute i/by U.P. Warunjikar for

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 Petitioners.

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 Mr. V.P. Malvankar, AGP., for Respondent Nos.1 to 3.

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CORAM: J.N. PATEL, &

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 S.J. KATHAWALLA, JJ.

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DATE: 13TH OCTOBER, 2008.

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 P.C.

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 . The learned counsel for the petitioners submits
 that as the Hon’ble Minister has remanded the matter to
 the Competent Authority and in the meantime the liquor
 shop is permitted to be kept open, the petitioner may
 be allowed to withdraw the petition with liberty to
 file fresh petition.

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 2. Before we part with this petition, we may

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 observe that in such a matter the Hon’ble Minister
 rather than remanding the matter should take decision
 at his level as the orders of remand frustrate the very
 public policy formulated by the Government on the basis
 of which the petitioners have been agitating the issue.
 We expect the learned AGP., to communicate this order
 to the Hon’ble the Chief Minister as well as the
 Minister for Prohibition and Excise.

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 3. We further make it clear that the petitioner
 Sangha shall be heard by the competent authority who is
 required to take a decision in the matter after the
 same is remanded by the Hon’ble Minister as they have a
 stake in the matter.

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 4. The petition stands disposed of accordingly.

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(J.N. Patel, J.)

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(S.J. Kathawalla, J.)

Vyasan Mukta Yuvak Sangha and Ors. v. Principal Secretary, Home Ministry Mantralaya, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

Vyasan Mukta Yuvak Sangha and Ors. v. Principal Secretary, Home Ministry Mantralaya, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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