Sou. Sharda Gopal Kalore v. State Of Maha., Through Its Secretary, Home Dept., Mumbai And Others

0703wp56.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

Writ Petition (wp) No. 56 of 2016 Sou. Sharda Gopal Kalore v.

State of Maharashtra & ors.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Mr.S.P. Bhandarkar Advocate for the Petitioner. Mr.Joshi, AGP, for respondents 1 to 5.

Advocate Kadambini Gajbhiye h/f Advocate D.M.Kale Advocate for respondent no.6.

....

Coram : Smt. Vasanti A. Naik & V.M. Deshpande, JJ.

Date : 7th March, 2016.

By this petition, the petitioner, the President of Municipal Council, Shegaon, seeks a direction to the State Government to prohibit the consumption of liquor in Shegaon town. We are afraid, the direction, as sought by the petitioner, cannot be issued to the State Government in exercise of the writ jurisdiction under Article 226 of the Constitution of India. A similar question came up before this Court in Public Interest Litigation No.

0703wp56.16 68 of 2015 where the petitioner had sought a writ of mandamus to enforce total prohibition all over the State and the said Public Interest Litigation was dismissed. It appears that in the said Public Interest Litigation also this Court had held that such a direction cannot be issued while exercising jurisdiction under Article 226 of the Constitution of India.

In view of the aforesaid, we dismiss the writ petition with no order as to costs.

Judge Judge /TA/