Maharashtra Wine Merchants Association Through Its Joint President And ANR v. The State Of Maharashtra Through Principal Secretary And ORS
1 40-wp-5371-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5371 OF 2018 Chandrakant Bhikusheth Kadam & Ors.
... Petitioners
Versus
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 5381 OF 2018 Hemant Nandkumar Shelar & Ors.
... Petitioners
Versus
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 5382 OF 2018 Satyaprakash L. Sinh and Ors..
... Petitioners
Versus
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 5393 OF 2018 Maharashtra Wine Merchants Association and Ors..
... Petitioners
Versus
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO. 5390 OF 2018 Hotel Jay Malhar ... Petitioner
Versus
The State of Maharashtra & Ors.
... Respondents .....
Mr. D.B.Sawant a/w Mr. G.S. Ganbhavale a/w Mr. Vikram Unare for Petitioner.
Mr. C.P. Yadav, AGP for Respondent State.
.....
CORAM : SHANTANU S. KEMKAR AND M. S. KARNIK, JJ.
DATE : 2nd MAY, 2018
2 40-wp-5371-18.doc P. C.:
1.
By filing this petition, the petitioners are seeking permission to remove the seal put up on the premises and allow them to run liquor vending establishments situated either in PMRDA area or Gram Panchayat area or village panchayat area. 2.
According to the petitioners as per the policy framed by the State Government they are entitled to run their establishment. Further their cases individually have not been considered by the competent authority of the Respondents as yet. 3.
A prayer has been made by the petitioners to dispose of the petitions by directing the Respondents to examine the petitioners' claim and take appropriate decision on it in view of the law laid down by the Hon'ble Supreme Court and the policy framed by the State Government in that regard.
4.
Having considered the submissions made by the learned counsel for the petitioners as well as learned AGP, we dispose of these petitions by granting liberty for the petitioners to submit fresh representations before the first Respondent - Principal Secretary (State Excise) within two weeks. On receipt of the such representations, the authority shall consider the same and take
3 40-wp-5371-18.doc appropriate decision on it as expeditiously as possible but not later than four weeks from the date of appearance of the petitioners before him.
5.
Before passing any order, first Respondent shall give an opportunity of hearing to the petitioners.
6.
The petitioners to appear before the first Respondent on 10th May, 2018 at 3 p.m.
7.
With the aforesaid direction, the Writ Petitions are disposed of.
8.
Parties to act upon an authenticated copy of this order. ( M. S. KARNIK, J.) ( SHANTANU S. KEMKAR, J. )