Kanchan Kishor Girwalkar And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7166 OF 2018 Kanchan w/o Kishor Girwalkar and Others PETITIONERS

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. G. A. Kulkarni h/f Mr. R. S. Deshmukh, Advocate for petitioners Mr. V. M. Kagne, AGP for respondent - State .......

[CORAM : NARESH H. PATIL, ACTING C. J. AND SUNIL P. DESHMUKH, J.] DATE : 27 th AUGUST, 2018 ORDER :

1.

Leave to add Collector, Beed as party respondent. Amendment be carried out forthwith.

2.

This petition concerns the issue relating to closing down of retail liquor shops within the distance of 500 meters from National / State Highways. The issue is covered by decision of this court in writ petition No. 5182 of 2017 dated 7th July, 2017. Prayers made in the writ petition, to that extent, are therefore, worked out.

3.

Learned advocate appearing for the petitioners refers to

{2} one more issue in respect of declassification of existing main road in Ambajogai town, in view of construction of by-pass road nearly twenty years back, possession of which was handed over to Ambajogai Municipal Council. Learned advocate submits that in view of construction of by-pass road, existing main road being treated as state highway No. 56 needs to be declassified as state highway.

4.

Without expressing any opinion on merits of the matter and contentions and claims of the petitioners, we observe that petitioners are at liberty to make comprehensive representation addressed to the Collector, Beed within two / three weeks from today. In case, Collector, Beed receives such representation, the issue be looked into and dealt with in accordance with law. 5.

If required, collector may hear the necessary parties, including the petitioners. The collector is free to seek information, if required, from State Government, look into the record and thereafter take appropriate decision. This exercise be done at the earliest.

6.

Writ petition stands disposed of.

Digitally signed by Dinesh Ramrao Pawar Date:

2018.09.03 14:41:36 +0530 Dinesh Ramrao Pawar (SUNIL P. DESHMUKH, J.) (ACTING CHIEF JUSTICE)

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