Suneel Rajput v. The Collector Of Raigad-Alibaug And ORS.

WP. 800-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 800 OF 2015 Suneel Rajput ...

Petitioner Vs.

The Collector of Raigad-Alibaug & Ors.

...

Respondents *** Ms. Veena Thadani, for the Petitioner.

Mr. P. P. Kakade, AGP for Respondent Nos. 1 to 4. Mr. D. B. Savant a/w Vinayak Salokhe, for Respondent No. 5. *** CORAM : V. M. KANADE, & M. S. KARNIK, JJ.

DATE : MARCH 21, 2016 PC.

.

The grievance of the Petitioner is that contrary to the Bombay Foreign Liquor (Amendment) Rule, 1990, Respondent No. 5 has constructed a restaurant, which is within 75 mtrs. of the Highway, viz. NH-66. On the other hand, learned counsel appearing for Respondent No. 5 submits that the Excise Department may take measurements of the distance of the hotel from the Highway and take action, in accordance with law. Accordingly, we direct Respondent 1 / 2

WP. 800-15 No. 1 to take inspection and measurement of the distance of the hotel from the Highway and if it is within 75 mtrs. from the said Highway, it may take action in accordance with law. This exercise shall be carried out by Respondent No. 1 within 8 weeks by the Exercise Department. With this directions, writ petition is disposed of with liberty to apply, if necessary.

Sd/- Sd/- [M. S. KARNIK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2