Case Note & Summary
The appellant, Nandkishor Shivprasad Jaiswal, filed a Letters Patent Appeal against the judgment of a Single Judge dismissing his Writ Petition No. 1682/2009. The appellant had challenged an order of the Hon'ble Minister dated 09.03.2009, which maintained the order of the Commissioner of State Excise, Mumbai dated 31.03.2003, refusing to allow a second Foreign Liquor Licence (FLII Licence) in his name. The appellant had been holding an MFL2 licence and sought renewal of an FLII licence issued in 1974. The Collector, Yavatmal rejected the renewal application on 29.04.2002 on the ground that the appellant already held an MFL2 licence. The Commissioner dismissed the appeal under Section 137(2) of the Bombay Prohibition Act, 1949, and the Minister upheld that decision. The appellant relied on a Division Bench judgment in Writ Petition No. 654/1980, which he claimed permitted individuals to hold more than one licence. The court examined the policy and the earlier judgment and found that the policy restricting an individual to one FLII licence was valid and not discriminatory. The court held that the earlier judgment did not mandate issuance of multiple licences to individuals. The appeal was dismissed, upholding the refusal to renew the second licence.
Headnote
A) Excise Law - Foreign Liquor Licence - Multiple Licences - Bombay Prohibition Act, 1949, Section 137(2) - Policy Restriction - The appellant sought renewal of a second FLII licence, which was refused by the Collector and upheld by the Commissioner and the Minister. The court held that the policy restricting an individual to one FLII licence is valid and not discriminatory, and the earlier Division Bench judgment in Writ Petition No. 654/1980 did not mandate issuance of multiple licences to individuals. (Paras 1-4)
Issue of Consideration
Whether an individual can hold more than one Foreign Liquor Licence (FLII) under the Bombay Prohibition Act, 1949, and whether the refusal to renew the second licence is valid.
Final Decision
Appeal dismissed. The orders refusing renewal of second FLII licence are upheld.
Law Points
- Interpretation of Section 137(2) of Bombay Prohibition Act
- 1949
- Policy restriction on holding more than one FLII licence
- Scope of judicial review of executive policy
Case Details
2017 LawText (BOM) (11) 136
Letters Patent Appeal No. 368/2009 in Writ Petition No. 1682/2009
B. P. Dharmadhikari, Mrs. Swapna Joshi
Mr. C.S. Dharmadhikari for Appellant, Ms. A.R. Kulkarni for Respondent Nos.1 to 3
Nandkishor Shivprasad Jaiswal
The State of Maharashtra, The Collector, Yavatmal, The Commissioner of State Excise, Maharashtra State, Shri Kamal Laxmikant Jaiswal
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Nature of Litigation
Appeal against dismissal of writ petition challenging refusal to renew second Foreign Liquor Licence (FLII) under Bombay Prohibition Act, 1949.
Remedy Sought
Appellant sought renewal of second FLII licence and quashing of orders refusing the same.
Filing Reason
Appellant's application for renewal of FLII licence was rejected by Collector on ground that he already held MFL2 licence; appeal and revision were dismissed.
Previous Decisions
Collector Yavatmal rejected renewal on 29.04.2002; Commissioner of State Excise dismissed appeal on 31.03.2003; Hon'ble Minister upheld on 09.03.2009; Single Judge dismissed Writ Petition No. 1682/2009 on 23.06.2009.
Issues
Whether an individual can hold more than one FLII licence under the Bombay Prohibition Act, 1949?
Whether the refusal to renew the second licence is valid in light of the Division Bench judgment in Writ Petition No. 654/1980?
Submissions/Arguments
Appellant argued that Division Bench in Writ Petition No. 654/1980 permitted individuals to have more than one licence, and the Single Judge overlooked this.
Respondent State relied on policy and terms of licence restricting multiple licences, and argued that the earlier judgment did not mandate multiple licences.
Ratio Decidendi
The policy restricting an individual to one FLII licence is valid and not discriminatory. The earlier Division Bench judgment did not mandate issuance of multiple licences to individuals.
Judgment Excerpts
The Commissioner has refused to allow second Foreign Liquor Licence (FLII Licence), in his name.
The appellant claims that said adjudication by this Court, permits an individual to claim and have more than one licence under the Prohibition Act.
Procedural History
Collector rejected renewal on 29.04.2002; Commissioner dismissed appeal on 31.03.2003; Minister upheld on 09.03.2009; Single Judge dismissed writ on 23.06.2009; present appeal filed.
Acts & Sections
- Bombay Prohibition Act, 1949: Section 137(2)
