Monica Balasaheb Ingole v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:1912-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO. 941 OF 2024 MONICA BALASAHEB INGOLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.D.A.Madake, Advocate for the Petitioner.

Mr.P.K.Lakhotiya, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : JANUARY 24, 2024 PER COURT :

1.

The Petitioner is a Sarpanch. She prays that her representations for declaring the village as a dry village should be accepted and a particular hotel/permit holder, who is not arrayed as a Respondent in this Petition, should be shut down. 2.

The intention of the Petitioner seems to be laudable and appreciable as she has expressed deep concern over the members of the Gram Panchayat suffering on account of consumption of liquor. However, the procedure laid down under the Bombay Prohibition Act, khs/Jan.2024/941

- 2 - has to be scrupulously followed to pass a Resolution for declaration of a dry area. So also, if any permit room is to be closed down, filing of a representation, or moving a Writ Petition, would not be a remedy since the Petitioner has not followed the procedure as is laid down under the Bombay Prohibition Act.

3.

With the liberty kept open to the Petitioner, this Petition is disposed off.

( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Jan.2024/941