Venkatesh S/O Agayya Balsaniwar v. State Of Maharashtra, Thr. Secretary, State Excise Dept., Mumbai And Others

1 / 3 1 wp 8449.25.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 8449 OF 2025 Venkatesh A.Balsaniwar Vs.

State of Maharashtra and ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Abhay Sambre, Advocate for the petitioner. Ms Dipali Sapkal, AGP for the respondent/State. CORAM : RAJ D. WAKODE, J.

DATE : 27.12.2025.

Heard Shri Abhay Sambre, learned counsel for the petitioner.

2.

The contention is that the petitioner is required to approach to this Court during vacation being aggrieved by the impugned order dated 19.12.2025 passed by respondent No.2 Collector, Chandrapur Annexure A record page-15. By virtue of the impugned order the no objection dated 17.03.2025 so also the occupancy certificate issued on the same day has been cancelled.

3.

Shri Sambre, learned counsel for the petitioner submits that though the order is passed on 19.12.2025, however, the same has been served upon the

2 / 3 1 wp 8449.25.odt. petitioner on 26.12.2025 and immediately the petitioner has approached this Court on the same day. The reason being that though the impugned order which is prejudicial to the interests of the petitioner and seeks to take away right created in his favour, the proceedings were conducted behind his back, without issuing him show cause notice much less affording him the opportunity of hearing. The fact remains that respondent No.2 has cancelled the no objection certificate issued by respondent No.3-Municipal Council Gadchandur which was granted on 17.03.2025 permitting the petitioner to shift his country liquor license No.151 at Survey No.104 Plot No.55 House No.311/1 Ward No.6 at Gadchandur. On the same day respondent No.3 has issued permission for commercial use of the aforesaid property to the petitioner.

4.

In response to the aforesaid permission granted, the petitioner has deposited the required fees of Rs.5,30,800/- on 16.05.2025 for shifting of his license and Rs.10,26,125/- on 16.05.2025 for renewal charges. On the basis of the aforesaid permission the petitioner has acted upon such no objection certificate and deposited the required fees and has shifted his country liquor license and is running the same till today. However the impugned order seeks to cancel no objection certificate granted in favour of the petitioner that too on the sole ground that the outward number of the aforesaid no objection certificate does not matches with

3 / 3 1 wp 8449.25.odt. the outward register of the respondent No.3-Municipal Council, Gadchandur. Learned counsel for the petitioner has invited my attention to record page 31 Annexure 8, which is the report submitted by Chief Officer Municipal Council, Gadchandur wherein he has not disputed the issuance of such no objection certificate in favour of the petitioner on 17.03.2025. However, he has explained that the difference in the outward number of the no objection certificate is human error.

5.

In view of the above, issue notice to the respondents, returnable on 16.01.2026.

6.

Ms Deepali Supkal, learned AGP waives service of notice for respondent Nos.1,2 and 4. 7.

Petitioner to serve respondent No.3 by regular mode so also by private mode.

8.

In the meanwhile, there shall be ad interim relief in terms of prayer clause (ii).

( RAJ D. WAKODE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 27/12/2025 16:37:39