Prakash Narayandas Rizwani v. State Of Maharashtra And Others

( 1 ) wp 4558.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4558 OF 2015 Prakash Narayandas Rizwani .. Petitioner

Versus

State of Maharashtra and others ..

Respondents Shri. A. H. Kasliwal, Advocate for Petitioner. Shri. V. S. Badakh, A.G.P. for Respondent Nos. 1 to 3. CORAM : S.V. GANGAPURWALA AND R. G. AVACHAT, JJ.

DATED : 24 th October, 2018 PER COURT:

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The learned counsel for the petitioner submits that Clause 4 of the notification dated 04.03.2015 is wrongly interpreted by the respondents. The petitioner has been granted CL-III licence prior to the notification dated 04.03.2015 i.e. prior to the enactment of Maharashtra Panchayat Extensions to Scheduled Area (Prohibition and Regulation of Licensing) Rules, 2015. The said rules were subject matter of the interpretation

( 2 ) wp 4558.15 before the Division Bench of this Court at Nagpur in Writ Petition No. 3390 of 2015 with connected writ petitions. The Division Bench of this court at Nagpur under the Judgment dated November 23, 2016 allowed the writ petitions and directed to consider the application of the renewal of the licence of the petitioners therein without insisting upon the resolution of the Gram Sabha.

2.

Mr. Badakh, the learned A.G.P. for Respondent No.1 on going through judgment dated November 23, 2016 in Writ Petition No. 3390 of 2015 with connected writ petitions decided at Nagpur Bench accedes that the petitioner is covered under the said judgment. 3.

For the reasons recorded in the judgment dated November 23, 2016 in Writ Petition No. 3390 of 2015 with connected writ petitions (supra), we direct the respondents to consider the application of the petitioner for renewal of his licence without insisting upon the resolution of the Gram Sabha No Objection as required under Rule 4 of the Rules of 2015. Writ petition accordingly allowed. No costs.

[ R. G. AVACHAT, J. ] [ S. V. GANGAPURWALA, J. ] ass/wp 4558.15