Case Note & Summary
The dispute arose from the denial of a FL-III liquor license to the appellant by the State of Maharashtra, based on the proximity of his establishment to a mosque. The appellant initially received a license after an appeal in 1999, but this was later revoked by the revisional authority citing the distance requirement under the Bombay Prohibition Act. The appellant contended that the distance from the mosque's main entrance was beyond the mandated 75 meters, while the authorities maintained that two other entrances were within the prohibited distance. The High Court upheld the denial, leading to the present appeal. The Supreme Court examined the legality of the High Court's decision, focusing on the interpretation of Rule 45(1-C) of the Bombay Foreign Liquor Rules, which mandates a distance of 75 meters from religious institutions. The court noted that the distance was measured from the nearest entrance, regardless of usage frequency. The court found no merit in the appellant's argument regarding other establishments operating within the distance, emphasizing that two wrongs do not justify a right. Ultimately, the Supreme Court upheld the High Court's ruling, affirming the denial of the license without costs.
Headnote
A) Prohibition Law - Liquor License Denial - Distance Requirement - The Bombay Prohibition Act, 1929, Section 137(2) - The court upheld the denial of a liquor license based on the mandatory distance of 75 meters from a religious institution, confirming that the distance was less than required as per the rules. The revisional authority's decision was found to be within jurisdiction and justified based on factual findings (Paras 1-5).
Issue of Consideration
Whether the revisional authority under The Bombay Prohibition Act, 1929 was correct in denying the FL-III license based on distance from a mosque.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's decision to deny the liquor license based on the mandatory distance requirement from the mosque.
Law Points
- Prohibition of liquor license
- distance requirement
- revisional authority powers
- equal treatment under law
