PIL regarding irregularities in the license issuance of Toddy shops in Solapur district and contamination concerns. Bench examined petitions for independent survey and action against illegal shops but declined to direct lab infrastructure setup as a policy matter, disposing of the 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.
21-PIL.111.2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 111 OF 2016
Shri. Narasayya Adam } Petitioner versus The State of Maharashtra } and Ors. } Respondents
Mr. Sarang Aradhye for the petitioner. Mr. P. P. Kakade-AGP for State.
CORAM :- DR. MANJULA CHELLUR, C.J. & N.M.JAMDAR, J. DATE :- JULY 27, 2017
P.C. :-
“a. This Hon'ble Court may be pleased to issue a Writ of mandamus or any other appropriate writ/order/direction in the nature of writ calling upon the Respondents to carry out/conduct fresh survey of entire Toddy trees in the Solapur District through an independent agency and be further directed to submit the report/actual number of matured Toddy trees before this Hon'ble Court;
b. That by appropriate orders as well as directions of this Hon'ble Court, the Respondents more particularly the Respondent No. 3 and 4 i.e. Superintendent, State Excise, Solapur and Collector, Solapur be ordered and directed to initiate stringent action forthwith against the suppliers of contaminated Toddy in Solapur District and be further
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directed to close down forthwith the illegal as well as excess Toddy shops in the Solapur District;
c. That by appropriate orders as well as directions of this Hon'ble Court, the Respondents more particularly the Respondent No. 1 and 2 be ordered and directed to set up independent machinery at each District place to easily identify the contamination in pure Toddy and be further directed to accept and act upon the recommendations made by the aforesaid committee.
…..”
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the health of the consumers. He further contends that the city of Solapur is situated at the boundaries of two States i.e. Andhra Pradesh and Karnataka and large number of labourers/workers are residing in Solapur, who are from neighbouring districts. In spite of several representations in this regard, no action came to be taken. Therefore, the petitioner, being inspired by the media reports about Solapur district, is before this court seeking the above reliefs.
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the petitioner comes across any particular shop selling
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adulterated Toddy, not only the petitioner, but any one can bring it to the notice of the Department concerned, so that they can initiate action.
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Litigation is disposed of.
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3 issues framed by the court
Whether to direct the State to carry out a fresh survey of mature Toddy trees in Solapur through an independent agency.
Whether to direct authorities to initiate stringent action against suppliers of contaminated Toddy and close illegal shops.
Whether to direct the government to set up independent machinery/laboratories at each district place to identify Toddy contamination.
1 provisions across 1 enactments
Shri. Narasayya Adam
The State of Maharashtra
DR. MANJULA CHELLUR
N.M.JAMDAR
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
