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Bombay High CourtWP/661/2025disposed off

Mr. Sanjay S/O. Amarnath Verma v. State Of Maha., Dept. Of Home And Excise, Thr. Secy., Mumbai And ORS.

2025-02-07Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:1221-DB 1 wp661.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.661/2025 Sanjay s/o Amarnath Verma Vs. State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.G.Jagtap, Advocate for petitioner Mr. N.S.Rao, AGP for respondent nos.1 to 4.

CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : FEBRUARY 07, 2025.

1.

We have heard Mr. Jagtap, learned counsel appearing for the petitioner and Mr. Rao, learned Assistant Government Pleader appearing for the respondent nos.1 to 4.

2.

Having regard to the nature of the reliefs claimed in the petition by the petitioner, we are inclined to dispose of the petition with the following order:

(i) The petitioner who claimed to be holding FL-III license is alleging closure in view of the same being affected by virtue of embargo created by a judicial pronouncement of the Apex Court, as the location of the premises in which license was in operation was on the Highway. (ii) The petitioner in view of subsequent development had already approached the respondent no.3 through representation dated 20th December, 2024 praying therein that he be permitted to operate FL-III license. Such prayer is based on the policy of the Government reflected in the instructions dated 1st January, 2019 issued by the State Government.

2 wp661.2025.odt (iii) That being so, the petitioner to appear before the respondent no.3 on 3rd March, 2025. If so required, the respondent no.3 may hear the petitioner and pass fresh order in the matter within a period six weeks from the date of his appearance. If so required, the respondent no.3 may make reference to the Collector in the matter of dealing with the issue as we are informed that the Collector is the Prohibition Officer. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar