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Bombay High CourtWP/7944/2024disposed off

Ketan Rajkumar Basin v. The State Of Maharashtra Thr The District Collector And ORS

2024-06-03Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice Shyam C. Chandak2 pages

4-ASWP-7944-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7944 OF 2024 Ketan Rajkumar Basin

...Petitioner

Versus

The State of Maharashtra through the District Collector & Ors

...Respondents

Mr Vikram Undre, for the Petitioner, appear online. Ms Kavita Solunke, AGP, for the Respondent-State. Mr Yuvaraj Shesharao Shinde, Deputy Superintendent, State Excise, Kolhapur, is present.

CORAM

Kamal Khata & Shyam C Chandak, JJ.

(Vacation Court) DATED:

3rd June 2024 PC:- Digitally signed by ASHWINI GAJAKOSH Date:

2024.06.03 19:17:42 +0530 ASHWINI GAJAKOSH 1.

This Petition challenges the order dated 28th March 2024 passed by the District Collector Kolhapur whereby all Liquor License holders under the Maharashtra Prohibition Act were directed to keep their premises closed on 4th June 2024 being the date of counting in the entire district of Kolhapur. 2.

On 31st May 2024 the vacation bench of this Court granted time to the AGP to take necessary instructions. 3rd June 2024

4-ASWP-7944-2024.DOC 3.

Ms Solunke learned AGP submits that the Order should not be modified.

4.

We disagree with the learned AGP. The submission is made only on the basis of apprehensions.

5.

In view of the earlier Orders passed in Writ Petition No. 6389 of 2024, the Writ Petition No. 6615 of 2024 and Writ Petition No. 5145 of 2024 under similar circumstances in the State of Maharashtra, we deem it fit to grant an order in terms of prayer clause (c) in the present Petition which reads as under: "(c) Pending hearing and final disposal of this writ petition, this Hon'ble Court may kindly be please to direct the respondents that, they shall make necessary corrections and modify the order dated 28.03.2024 to the extent i.e., till declaration of results on 4.6.2024." 6.

In view of the order in the above terms nothing survives in the Petition. The Petition is disposed of.

7.

There will be no order as to costs.

8.

All concerned to act on the authenticated copy of this order. (Shyam C Chandak, J) (Kamal Khata, J) 3rd June 2024