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Bombay High CourtWP/6696/2017disposed offdismissed for default

Hotel Chandralok Beer Bar And Permit Room Zari Thru Proprietor Sattar Abdul Reheman Khuresi And ORS v. The State Of Maharashtra And Others

2017-07-07Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 WP - 6696-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6696 OF 2017 Hotel Chandralok Beer Bar and Permit Room, Zari and others .. Petitioners VS.

The State of Maharashtra and others .. Respondents ---- Mr. Anand V. Indrale Patil, Advocate for the petitioners Mr. A.B. Girase, G.P. for the respondent/State ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 07-07-2017 ORAL ORDER :

1.

In view of the reasons which persuaded us to dismiss Writ Petition no. 5182 of 2017, by a separate Order delivered today, additionally, Mr. Girase relies on the notification dated 19/04/1967 published in the Government Gazette under Section 3, 4 and 6 of the Maharashtra Highways Act, 1955. In the Schedule to this notification, at item no. 24, the road in question - Jintur - Parbhani - Gangakhed, has been notified as a State Highway.

2 WP - 6696-2017 2.

In such circumstances, the location of the shop being on State Highway and within the prohibited area i.e. within 500 meter from the State Highway, we do not think that any direction contrary to the Supreme Court's judgment can be issued.

3.

The Writ Petition has no merit and is dismissed. [MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/