KESHAV MAHADEO MOHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) The petitioners before this Court in these four Writ Petitions are aggrieved by the orders passed by the respondent No.2 - Collector, State Excise, Nagpur, whereby applications preferred by the petitioners for grant of FL-III licence have been rejected under the provisions of the Maharashtra Prohibition Act, 1949, read with the Bombay Foreign Liquor Rules, 1953.

(3.) The short submission raised on behalf of the petitioners by the learned counsel representing them, is that the impugned orders deserve to be set aside for being violative of the procedure contemplated under Rule 45 of the aforesaid Rules, particularly, Sub Rule (1B) thereof. It is submitted that the respondent No.2 - Collector was expected to consider the recommendations of the Committee constituted under Rule 44-A and then to satisfy himself as to whether the premises where it was proposed to sell foreign liquor were in conformity with the provisions of the Rules and whether there was any other objection to grant of licence. It was submitted that after carrying out such an exercise, the respondent No.2 - Collector was expected to inform the petitioners of the decision on the question of grant of FL-III licence. According to the learned counsel for the petitioners, a perusal of the impugned orders, which are almost identically worded, would show that the respondent No.2 - Collector has simply referred to the recommendations of the Committee and then rejected the licence. There is nothing to show about the respondent No.2 - Collector having carried out the exercise contemplated under Rule 45(1D) of the said Rules and admittedly, copies of the recommendations of the said Committee were never supplied to the petitioners. On this basis, it was submitted that the jurisdiction vested in the respondent No.2 - Collector was not exercised in accordance with law, giving the petitioners cause of action to file the present Writ Petitions.