The Bombay High Court Nagpur Bench dismissed a PIL seeking prohibition of liquor in Yavatmal district. The Court held that prohibiting liquor is an executive policy decision and that it had already dismissed a similar petition.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
P.I.l. No.10 of 2016
(Rajnikant s/o. Daluramji Borele .vs. State and Ors.)
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Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.
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Ms Rani Nitnaware, Adv. h/f. Mr.M.P.Kariya, Adv. for the petitioner.
Mrs.Geeta Tiwari, AGP for respondent nos. 1 to 4.
CORAM : B.R.GAVAI &
V.M.DESHPANDE, JJ . DATE : 30.6.2016.
Heard.
In the present Public Interest Litigation, a direction is sought to respondent nos. 1 to 3 to immediately impose total prohibition of sale, manufacture and consumption of liquor in Yavatmal district.
Whether to impose a prohibition in a particular area or not is exclusively within the domain of the Executive. The Court cannot encroach upon the discretion of the Executive in taking a policy decision in that regard.
P.I.L. No.68 of 2015 seeking the similar relief is already dismissed by us vide order dt.4.2.2016.
In that view of the matter, we do not find that any case is made out for interference. Hence, the present P.I.L. is dismissed. No order as to costs.
JUDGE JUDGE
**_jaiswal_*
1 issue framed by the court
Whether the Court can direct the Executive to impose a prohibition on liquor sale in a specific area.
Rajnikant s/o. Daluramji Borele
State
B.R.GAVAI
V.M.DESHPANDE
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
