Rajesh Shalikram Jaiswal v. The State Of Maharashtra, Through Its Secretary Excise Dept. Mumbai And Others

30-wp-2694-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 2694 of 2018 Rajesh Shalikram Jaiswal

Versus

The State of Maharashtra, through its Secretary Excise Department, Mantralaya, Mumbai and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.M.Agnihotri, Advocate for the petitioner. Shri Deepak Thakare, Addl.Government Pleader for the respondent nos 1 to 4.

CORAM : ANIL S. KILOR, J.

DATED : 11th APRIL, 2023.

Heard.

In this writ petition the challenge is raised to the order dated 16th April, 2018 passed by the Collector, Amravati in case no. CLR-112018/Order /Three, suspending CL-III license of the petitioner in exercise of power under Section 142(1) of the Maharashtra Prohibition Act, 1949 for sixty days. 2.

This Court while issuing notice on 3rd May, 2018 granted ad-interim relief in favour of the petitioner and accordingly the petitioner is running the said CL-III licence.

SKNair

30-wp-2694-18.odt 3.

During the period from 2018 uptill now, there is no single complaint as regards the law and order situation created because of the license of the petitioner, is brought on record. Therefore, I am of the opinion that the reason for suspension of the license of the petitioner does not survive. Accordingly, I pass the following order.

i.

The writ petition is allowed.

ii.

Order dated 16th April, 2018 passed by the Collector, Amravati in case no. CLR-112018/Order /Three, suspending CL-III license of the petitioner in exercise of power under Section 142(1) of the Maharashtra Prohibition Act, 1949 for sixty days is hereby quashed and set aside.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2023.04.11 18:58:53 +0530 SACHINDANAND K NAIR SKNair