Jayant Sudhakar Kale And Others v. The State Of Maharashtra And Others

*1* 6775o17wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6775 OF 2017 Jayant Sudhakar Kale And Others

VERSUS

The State Of Maharashtra And Others WITH WRIT PETITION NO.:7129 OF 2017 *** Bhagwant Gulabrao Gadakh And Another

VERSUS

The State Of Maharashtra And Others *** WITH WRIT PETITION NO.7069 OF 2017 (Not on today's Board. Mentioned.) Ravindra Balasaheb Choudhari.

-VersusThe State of Maharashtra and others.

*** Mr.Natu Sharad V., Advocate for Petitioner.

Mr.A.B.Girase, GP a/w Shri A.R.Kale, A.G.P. for Respondent/State Authorities.

*** CORAM: S.C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.

DATE :- 10th July, 2017 P.C.:

After having heard the Petitioner's Advocate, we find that the whole challenge is misconceived. The concerned roads are already

*2* 6775o17wp declared as "State Highways" vide notification dated 19.04.1967. They are also mentioned in the scheme under the Government Resolution dated 24.04.2012.

In such circumstances the prohibition and ban imposed by the Honourable Supreme Court [vide judgment dated 15.12.2016 (State of Tamil Nadu vs. K.Balu, (2017) 2 SCC 281, Civil Appeal Nos.1216466/2016) and the clarificatory order dated 31.03.2017 (State of Tamil Nadu vs. K.Balu, AIR 2017 SC 1670, I.A. Nos.4-6/2017)] is clearly operative. There was never any doubt about the status of these roads. Thus, the order of the Collector refusing to allow the Petitioners to operate their liquor businesses, is legal and valid. The Writ Petitions fail and are dismissed.

kps (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.)