Case Note & Summary
The petitioner, Rajendra Shivnarayan Jaiswal, held a country liquor (CL III) licence which was suspended under section 142 of the Bombay Prohibition Act due to a law and order problem in the area of village Ambada. The petitioner had previously applied for shifting the licence from Ambada to Morshi Town, but the authorities had not taken any decision on that application. The petitioner filed a writ petition seeking relief. The High Court noted that there was no dispute about the existence of the law and order problem. However, considering that the petitioner had long ago applied for shifting, the Court directed the respondents to consider the petitioner's request for shifting the CL III Licence from Ambada to Morshi in accordance with law and to take a decision within three months. The rule was made absolute in those terms.
Headnote
A) Excise Law - Suspension of Licence - Section 142, Bombay Prohibition Act, 1949 - Shifting of Licence - The petitioner's country liquor licence was suspended under section 142 due to law and order problem in the area. The petitioner had applied for shifting the licence from village Ambada to Morshi Town, but the authorities had not responded. The High Court directed the respondents to consider the petitioner's request for shifting the licence in accordance with law and take a decision within three months. (Paras 2-3)
Issue of Consideration
Whether the respondents should consider the petitioner's request for shifting his CL III Licence from village Ambada to Morshi Town despite the suspension of the licence under section 142 of the Bombay Prohibition Act due to law and order problem.
Final Decision
The Court directed the respondents to consider the petitioner's request for shifting the present CL III Licence from village Ambada to Morshi, in accordance with law, and take a decision within a period of 3 months from the date of the order. Rule made absolute in the aforesaid terms.
Law Points
- Suspension under section 142 of Bombay Prohibition Act
- Direction to consider shifting of licence
Case Details
2010 LawText (BOM) (03) 189
Writ Petition No.201 of 2010
S.A. Bobde, Vasanti A. Naik
Shri Anand Parchure for petitioner; Smt. Sharda Wandile AGP for respondents 1 to 5
Rajendra s/o Shivnarayan Jaiswal
State of Maharashtra through its Secretary, Department of Prohibition & State Excise; The Commissioner of State Excise, Maharashtra State; The Collector, Amravati; The Superintendent of State Excise, Amravati; The Superintendent of Police (Rural), Amravati; Dr. Anil Bonde, M.L.A.
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Nature of Litigation
Writ petition challenging suspension of country liquor licence and seeking direction to consider shifting of licence.
Remedy Sought
Petitioner sought direction to respondents to consider his request for shifting CL III Licence from village Ambada to Morshi Town.
Filing Reason
Petitioner's country liquor licence was suspended under section 142 of the Bombay Prohibition Act due to law and order problem, and his earlier application for shifting the licence was not responded to.
Issues
Whether the respondents should consider the petitioner's request for shifting his CL III Licence from village Ambada to Morshi Town despite the suspension under section 142 of the Bombay Prohibition Act.
Submissions/Arguments
Petitioner's counsel submitted that the petitioner had long ago applied for shifting of CL III Licence from village Ambada to Morshi Town, but the authorities have not responded.
Ratio Decidendi
Where a licence is suspended due to law and order problem, the authority must consider a pending application for shifting the licence to another location in accordance with law, and a decision must be taken within a reasonable time.
Judgment Excerpts
According to the petitioner, his country liquor licence has been suspended under section 142 of the Bombay Prohibition Act in view of the law and order problem prevailing in the area.
In these circumstances, we consider it appropriate to direct the respondents to consider the petitioner's request for shifting the present CL III Licence from village Ambada to Morshi, in accordance with law, and take a decision within a period of 3 months from today.
Procedural History
The petitioner filed a writ petition in the High Court of Judicature at Bombay, Nagpur Bench, challenging the suspension of his country liquor licence and seeking a direction to consider his application for shifting the licence. The Court heard the matter and passed the order on 9th March 2010.
Acts & Sections
- Bombay Prohibition Act, 1949: 142
