Swaraj Shrimant Gorde Patil And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2135 OF 2019 1.

Swaraj Shrimant Gorde Patil, Age: 31 years, Occu: Business, R/o. Digvijay Plaza Devanagari Shahanurwadi, Aurangabad Sau. Sunita Sushil Jaiswal, Age: 47 years, Occu: Business, R/o: Plot No.42, Narayan Niwas, Behind Amarpreet Hotel, Shriniketan Colony, Aurangabad Vasantrao Sukhram Gunjal, Age: 54 years, Occu: Business, R/o. At Post Gut No.59, Chinchkheda, Tal. Sillod, District Aurangabad Shivaji Dagdu Sultane, Age: 47 years, Occu: Business, R/o: At Dhanora, Post Bharadi, Tal. Sillod, District Aurangabad 5.

Dilip Haribhau Bilbile, Age: 36 years, Occu: Business, R/o. Chinchadgaon, Tq. Vaijapur, Dist. Aurangabad 6.

Randhirsing Vijaysing Rajput, Age:45 years, Occu: Business, R/o. Pardeshi Galli, Near Savitribai Phule School, Vaijapur, Tal. Vaijapur, District Aurangabad 7.

Raviraj Dagdu Shelke, Age: 36 years, Occu: Business, R/o: N-11, B-60/4, Subhash Chandra Bose Nagar, Hudco, Aurangabad

(2) 8.

Pornima Prakash Kharadkar, Age: 44 years, Occu: Business, R/o: Bidkin, Tal. Paithan, District Aurangabad ..PETITIONERS

VERSUS

1.

The State of Maharashtra, Through its State Excise Department, Mantralaya, Mumbai 32 The Secretary, State Excise Department, Mantralaya, Mumbai The Commissioner, State Excise Department, Maharashtra State The Collector (State Excise), Aurangabad 5.

The Superintendent, State Excise Department, Aurangabad 6.

Maharashtra Tourism Development Corporation, Through its Managing Director, Maharashtra State, Mumbai ..RESPONDENTS Mr D. P. Palodkar, Advocate for petitioners;

Mr A. R. Kale, A.G.P. for respondents/State CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 15th February, 2019 ORAL ORDER:

Heard learned Counsel appearing on behalf of the petitioners.

(3) The petitioners are the liquor license holders. It is submitted by Mr Palodkar, learned Counsel for the petitioners that the State Government, by way of a policy decision dated 26th August, 1997, declared Sindhudurga district as a tourism district and then by communication dated 4th May, 2018, the Commissioner of State Excise was informed to take necessary steps for renewal of the liquor licenses. Then there was a proposal in respect of Junnar Taluka and the file was forwarded from the Desk Officer to the Home Department for necessary action.

Our attention is then invited to the order dated 14th September, 2018, passed by the Superintendent of State Excise, Pune, informing the subordinate authorities to take appropriate steps for renewal of liquor licences. Learned Counsel then submitted that the State Government, by Resolution dated 17th April, 2015, declared Aurangabad district as a tourism district. In view of these facts, the petitioners have submitted a representation to the Honourable Minister holding the charge of Excise Department, on 5th June, 2018. Learned Counsel for the petitioners submits that the said representation is pending for a considerable long period. He further submits that if the representation is decided favourably, renewal of licences may make more job opportunity open to the unemployed persons.

(4) Considering the submissions of learned Counsel for the petitioners, without assessing the issue on merit and leaving it for the consideration of the authorities before whom the representation is submitted, we dispose of the petition with directions to respondent No.1 to decide representation dated 5th June, 2018 within a period of twelve weeks. The petition is disposed of accordingly.

(S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) sjk