Chandrashekhar Narayan Venkatram v. The State Of Maharashtra And Others

1 WP 11760-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11760 OF 2017 Smt. Sunita Shashikant Phadake and Smt. Chitra Dilip Phadake Partners through its partner, Smt. Sunita Shashikant Phadake, age 48 years, Occ. Business, R/o. Shevgaon Tq. Shevgaon Dist. Ahmednagar.

Shevgaon Dist. Ahmednagar.

Mr. S. G. Karlekar, A.G.P. for the respondents/State WRIT PETITION NO. 11761 OF 2017

2 WP 11760-2017 Chandrashekhar Narayan Venkatram, age 45 years, Occup. Business, R/o. Subhash Colony, Shrirampur, Tq. Shrirampur Dist. Ahmednagar Shrirampur, Dist. Ahmednagar.

Mr. S. B. Joshi, A.G.P. for the respondents/State WRIT PETITION NO. 11764 OF 2017 Kundalik Yashwant Thorat and Shamala Shriniwas Korakapal partners through its Partner, Smt. Shamala Shriniwas Korakapal, Age 45 years, Occup. Business, R/o Near Juna Press, Shevgaon

3 WP 11760-2017 Tq. Shevgaon Dist. Ahmednagar Shevgaon, Dist. Ahmednagar.

Mr. S. P. Sonpawale, A.G.P. for the respondents/State WRIT PETITION NO. 11765 OF 2017 Shital Narayanrao Purnale, Age 37 years, Occ. Business, R/o. Nathnagar Colony, Ambedkar Chowk, Shevgaon Tq. Shevgaon Dist. Ahmednagar.

4 WP 11760-2017 Shevgaon, Dist. Ahmednagar.

Mr. S. G. Karlekar, A.G.P. for the respondents/State WRIT PETITION NO. 11767 OF 2017 Lilawati Chandrashekhar Venkatram, Age 40 years, Occ. Business, R/o. Subhash Colony, Shrirampur Tq. Shrirampur Dist. Ahmednagar.

5 WP 11760-2017 Shevgaon, Dist. Ahmednagar.

Mr. A. R. Kale, A.G.P. for the respondents/State CORAM : R. M. BORDE & SMT. VIBHA KANKANWADI. JJ.

DATE : 26-09-2017 PER COURT :

The petitioners makes a grievance that, in view of the notification issued by the State Government on 1st of September, 2017, the applications of renewal of license tendered by the petitioners are not being considered favourably.

The petitioners places reliance on the order passed by the High Court Bench At Nagpur in Writ Petition No. 5938 of 2017, dated 12th September, 2017, in the matter of M/s. Dewaki Traders Vs. State of Maharashtra and others, as well as group of petitions bearing No.5990 of 2017 and other companion matters presented at High

6 WP 11760-2017 Court Bench at Nagpur, so also order passed at Mumbai in Writ petition No.10612 of 2017 on 20-12-2017. The Division Bench at Nagpur as well as Mumbai have taken a view that, since the notification shall not have retrospective applicability, prima facie non consideration of the applications tendered by the petitioner for renewal of license is not appropriate. The Division Bench, therefore, directed the concerned authorities to consider the applications tendered by the petitioners and, further directed not to refuse renewal merely on the ground of non observance of the directives contained in the impugned notification.

Considering the orders passed by the Division Benches at Nagpur and Mumbai, the State Government has issued revised instructions on 20th September, 2017, and directed the authorities to take decisions in applications as per directions issued by the Division Benches.

As referred above, in view of the notification issued by the State Government on 20th September, 2017, the grievance raised by the petitioners in the instant petitions stands redressed. Hence, the concerned authorities directed to consider applications tendered by petitioners for renewal of license, as expeditiously as possible, preferably within a period of two weeks.

The respondent authority shall grant license to the petitioners and shall not reject the same merely on account of non-

7 WP 11760-2017 observance of the conditions recorded in the Government Notification dated 1st September, 2017. The renewal of license would obviously subject to outcome of the petitions referred to above. 6.

In view of above, writ petitions are disposed of. [SMT. VIBHA KANKANWADI] [R. M. BORDE] JUDGE JUDGE vjg/-.