HOTEL SHOBHA Vs. HON'BLE MINISTER

JUDGEMENT

(1.) Both appeals arise out of the common judgment and order, therefore, they were heard together and can be disposed of by common judgment.

(2.) These appeals under Clause 15 of the Letters Patent are directed against the judgment and order dated 27.06.2012 of the learned Single Judge in Writ Petition No.3440/2011. That Writ Petition was filed by the Respondent Nos.4 to 6 in LPA No.278/2012, who are original Petitioners and they impugned the order passed by the Respondent No.1 State Government dated 30.10.2010 in Revision Application by which the Revisional Authority has set aside the orders dated 20.02.2010 and 22.06.2010 of the Collector, Nagpur and the Commissioner, State Excise respectively. The Revision Application before the Minister was filed by the Appellant before us in LPA No.278/2012 as its application seeking FLIII licence was rejected.

(3.) The facts leading to the filing of these Appeals are that the Appellant in LPA No.278/2012 made an application for grant of FLIII licence under the Bombay Prohibition Act, 1949. The Appellant, it was stated, had been allotted a tenement bearing No.L7/41 by the Vidarbha Housing Board. It appears that upon this application addressed to the Collector, District Nagpur, the Licencing Authority caused an inquiry to be made. He called reports from the Police. The Police Department vide their reports dated 06.03.2009, 30.06.2009, 30.11.2009 and 22.12.2009 stated that the residents of the locality/area have opposed the grant of such licence in favour of the Appellant and there would be deterioration in law and order situation if the licence is granted. Accordingly, the Collector, Nagpur District rejected the application for grant of FLIII licence by his order dated 20.02.2010.