High Court quashed Collector's refusal to sanction license shift despite authority clearance, directing hearing of non-joined objectors and new order within seven days.
Impugned order dated 10.12.2010 quashed and set aside. Collector directed to hear petitioner and pass order within seven days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 365/11
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 365 OF 2011
Prakash s/o. Mannulal Jaiswal, Age 52 yrs., Occu. Business, R/o. HUDCO, Aurangabad. ....Petitioner.
Versus
Mr. R.R. Mantri, Advocate for petitioner. Mr. K.G. Ghute-Patil, A.G.P. for respondent.
CORAM: B.P. DHARMADHIKARI, J. DATED: 21st February, 2011.
ORAL JUDGMENT :
WP No. 365/11
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objections of two private persons namely Sou. Suradkar and Shri. Patil refused necessary sanction. He contends that such individual's opposition is not relevant in the scheme of either Bombay Prohibition Act or the relevant Rules framed thereunder. He points out that Shri. Patil himself is having beer shop adjacent to plot No. 25 i.e. on plot No. 26 and hence, because of business rivalry he has along with Sou. Suradkar raised some objections. His effort is to demonstrate to the Court the grievance of Shri. Patil or Sou. Suradkar could not have been looked into by the Collector.
WP No. 365/11
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Collector has found it not proper to permit shifting. The fact that Shri. Shrimantrao Bhaurao Patil is also having his beer shop in adjacent plot i.e. plot No. 26 has not been looked into. It is pointed out to this Court that Sou. Surwadkar is Ward Member. Why Ward Member is not opposing the beer shop in plot No. 26 and why she is opposing the shop of present petitioner, is also not clear.
upon.
[ B.P. DHARMADHIKARI, J.]
ssc/wp365.11
1 issue framed by the court
Whether objections raised by non-parties can be relied upon by the Collector to refuse sanction for shifting a liquor license.
2 provisions across 2 enactments
Prakash s/o. Mannulal Jaiswal
The State of Maharashtra
The Collector, Aurangabad
The Superintendent of State Excise
B.P. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
