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Bombay High CourtWP/1615/2018disposed offdismissed for default

Narayandas Nawalrai Rizwani v. The State Of Maharashtra And Others

2018-03-05Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 13wp1615o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1615 OF 2018 NARAYANDAS NAWALRAI RIZWANI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Shri Kasliwal Anil H.. AGP for Respondents 1 to 3 : Shri S.K.Tambe. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 05th March, 2018 Per Court:

The Petitioner has challenged the order of the District Collector, Nanded dated 18.12.2017 with regard to the closing down of CL-III Shop for vending country liquor for the reasons set out in the order. The learned Advocate for the Petitioner strenuously submits that though an alternate remedy is available before the Commissioner for Excise under Section 137(2) of the Maharashtra Prohibition Act, the Petitioner has approached this Court as the shop is the only source of livelihood for him and the principles of natural justice have been violated. I do not find that this Writ Petition could be entertained when a statutory efficacious remedy is available.

This Writ Petition is, therefore, disposed of with the leave to

*2* 13wp1615o18 the Petitioner to approach the competent authority under Section 137(2) of the Maharashtra Prohibition Act. The time spent by the Petitioner in this Court from 18.01.2018 till the passing of this order would be a good ground for condonation of delay, if any.

kps (RAVINDRA V. GHUGE, J.)