Case Note & Summary
The petitioners, residents of village Hanegaon, filed a Public Interest Litigation seeking directions to restrain the shifting of a country liquor shop operated by respondent Nos.5 and 6 from Khadki, Pune to their village. The petitioners contended that the village, with a population of about 6122 as per the 2001 census, already had four liquor outlets: one country liquor shop, one beer shop, and two permit rooms. The Gramsabha had adopted a resolution on 15.8.2011 calling for closure of existing liquor shops and appealing to authorities to prevent new ones. The petitioners argued that allowing another liquor shop would exacerbate alcoholism in the village. Respondent Nos.5 and 6 disputed the existence of the Gramsabha resolution, but the Gramsevak's affidavit confirmed its adoption. The court, after hearing the parties, found that the resolution was indeed adopted and that the shifting of the liquor shop would be detrimental to the village's welfare. The court allowed the petition, directing respondent Nos.1 to 4 not to permit the shifting of the country liquor shop to Hanegaon. The judgment was delivered by a division bench of the Bombay High Court at Aurangabad on 22 June 2015.
Headnote
A) Public Interest Litigation - Liquor Shop Shifting - Gramsabha Resolution - The petitioners sought to restrain shifting of a country liquor shop to their village, citing a Gramsabha resolution against liquor outlets and the existing four liquor shops in a village of 6122 population - The court held that the Gramsabha resolution dated 15.8.2011 was valid and the shifting would be against the villagers' welfare - Directions issued to respondents not to allow shifting (Paras 1-6).
Issue of Consideration
Whether the shifting of a country liquor shop from Khadki, Pune to village Hanegaon, Nanded should be restrained in view of the Gramsabha resolution and the existing number of liquor outlets in the village.
Final Decision
The petition is allowed. Respondent Nos.1 to 4 are directed not to permit shifting of the country liquor shop from Khadki, Pune to village Hanegaon, Taluka Degloor, District Nanded.
Law Points
- Public Interest Litigation
- Gramsabha resolution
- liquor shop shifting
- Maharashtra Excise Rules
- right to health
- village population and liquor outlets
Case Details
2015 LawText (BOM) (06) 1
Public Interest Litigation No.70 of 2013
Mr.A.H. Kasliwal for petitioners, Mr.S.G. Karlekar AGP for respondent No.1 to 3, Mr. D.B. Sawant i/b Mr. A.V. Hon for respondent Nos.4 & 5
Manik Rama Toke and Smt. Chabubai Baburao Pakale
The State of Maharashtra, Hon’ble Minister State Excise Department, The Collector Nanded, The Gram Panchayat Hanegaon, Shri Ramesh Daulatrao Patil, Shri Manoj Bhimrao Gaud
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Nature of Litigation
Public Interest Litigation seeking directions to restrain shifting of a country liquor shop to the petitioners' village.
Remedy Sought
Directions against respondent Nos.1 to 4 restraining them from allowing shifting of a country liquor shop operated by respondent No.5 and 6 from Khadki, Pune to village Hanegaon, Nanded.
Filing Reason
The petitioners, residents of village Hanegaon, were concerned about the menace of alcoholism and the Gramsabha had adopted a resolution against liquor shops. The village already had four liquor outlets for a population of about 6122.
Issues
Whether the shifting of a country liquor shop to village Hanegaon should be restrained in view of the Gramsabha resolution and existing liquor outlets.
Submissions/Arguments
Petitioners argued that the village already has four liquor shops and the Gramsabha resolution of 15.8.2011 opposed any new liquor outlets.
Respondent Nos.5 and 6 disputed the existence of the Gramsabha resolution.
Ratio Decidendi
The Gramsabha resolution dated 15.8.2011 was validly adopted and the shifting of a country liquor shop to a village already having four liquor outlets would be against the welfare of the villagers.
Judgment Excerpts
The petitioners have presented the instant public Interest Litigation, seeking directions against the respondent Nos.1 to 4, restraining them from allowing shifting of a country liquor shop operated by respondent No.5 and 6 at Khadki, District: Pune to village Hanegaon, tq. Deglur, Dist. Nanded.
Though respondent Nos.5 and 6 have disputed the contentions raised by the petitioners, in respect of resolution adopted by the gramsabha on 15.8.2011 and have contended that such a resolution was never adopted, it appears, on perusal of the affidavit in reply presented by Gramsevak of the village that, such a resolution was, in fact, adopted in the
Procedural History
The petition was filed as a Public Interest Litigation. Rule was issued and with consent of parties, taken up for final disposal at admission stage. Heard on 22 June 2015 and judgment delivered same day.
