CHHOTU SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) The subject matter of challenge in this appeal is the order dated 7th April, 1986, made by the High Court of Bombay allowing the Writ Petition No. 189 of 1986 quashing the permission granted in favour of the petitioner by the Government by its order dated 24-12-1985 permitting the shifting of the country liquor shop from Mouza Sawli to Mouza Narsi Chaurasta as well as the order of the High Court dated 17-7-1986 rejecting the Review Petition No. 837 of 1986. The petitioner's father had a licence to run the country liquor shop in village Narsi in Taluka Biloli, District Nanded, Maharashtra. In 1983 the said licence was transferred in the name of the petitioner (respondent 5 in this appeal). The appellant was granted a licence, commonly known as C. L. III licence for vending country liquor in village Sawli, Taluka Biloli, District Nanded. In November, 1984, the appellant was permitted to join one Ataullah as his partner to run the said country liquor shop in village Sawli. The appellant found considerable difficulty in running the shop in village Sawli as there was very little demand for country liquor in the said village having small population of about 1800 and as such the appellant sustained heavy loss. The appellant therefore applied on 2-2-1985 before the District Collector, Nanded for permission to shift his shop from village Sawli to village Narsi Chaurasta situated within the same Taluka. The Collector of Nanded after making necessary enquiries in accordance with the guidelines of the circular dated 27-4-1984 regarding the shifting of the shops, recommended the transfer of the shop of the appellant from village Sawli to village Narsi Chaurasta. The Government of Maharashtra, however, by order dated 25-7-1985 rejected the application of the appellant for shifting the shop. The appellant again made a representation against the said order of rejection. This representation was duly considered by the Government and permission was granted to the appellant to transfer his country liquor shop C. L. III from village Sawli to village Narsi Chaurasta. In accordance with the said permission granted to the appellant, the appellant shifted his shop on 17-2-1986 to village Narsi Chaurasta. Respondent 5 who has got a country liquor shop in that village questioned the permission granted by the Government in favour of the appellant by Writ Petition No. 189 of 1986 and prayed for quashing of the said order granting permission on the ground that there has been a violation of the Circular No. CLR.1173(III)Gen/K dated 27th February, 1973 inasmuch as the total population of the said village did not exceed 10,000 and as such the permission for shifting the said shop of the appellant to the village Narsi Chaurasta was illegal and bad.

(3.) The Writ Petition No. 189/86 was heard by the High Court, Bombay and it was allowed by holding that without duly considering the criteria laid down in the circular dated 18-3-1982 i.e. economic viability of the proposed shop and the likely volume of consumption of country liquor, the purported permission for shifting the shop was granted. Accordingly, the rule was made absolute and the order granting permission by the Government was quashed. An application for review of the said order was filed by the appellant and the same was rejected by order dated July 17, 1986 in Review Petition No. 837 of 1986. Aggrieved by the said two orders the special leave petition was filed out of which this appeal has arisen.