SURESH KRISHNAJI LAKUDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 24.06.2010, after hearing respective Counsel this Court noted that Writ Petition No. 4839 of 2009 is connected with the subject matter involved in Writ Petition No. 4474 of 2008, and that Writ Petition was already admitted for final hearing. Accordingly, Writ Petition No. 4839/2009 was also directed to be listed for final hearing along with Writ Petition No. 4474/2008. Petitioner and respondents in both the matters are same and CLIII license issued to petitioner under the provisions of Bombay Prohibition Act, 1949 forms the subject matter of both the Writ Petitions.

(2.) In Writ Petition No. 4474/2008, prayer of petitioner is to quash and set aside the order dated 08.08.2008, whereby he was called upon to clear the arrears of license charges amounting to Rs. 5,25,000/. The petitioner also seeks quashing and setting aside of communication dated 18.03.2008 informing him that he has to clear those arrears for the years 2000 to 2004. The reminder issued on 30.05.2008 therefor is also questioned. The petition came to be admitted for final hearing on 23.01.2009 and coercive recovery has been stayed.

(3.) In Writ Petition No. 4839/2009 the petitioner has challenged order dated 27.07.2009, whereby his application for shifting dated 15.07.2009 was filed as his license was found to have lapsed. Along with this communication he has also sought a direction to respondents to permit transfer for his CLIII license No.99 from Pardi Naka, Nagpur to Shyam Nagar, Mouza Somalwada, Nagpur after necessary payment, according to the Privilege Fee Rules framed under the Bombay Prohibition Act, 1949. Petitioner had applied for shifting of his license to Juna Pardi Naka, Bhandara Road, Nagpur on 07.11.2002 and that application was allowed in January, 2004. In response to this permission, the petitioner started his CLIII shop at said address in May, 2004.