S M MALLEWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under clause 15 of Letters Patent, this bunch of appeals take an exception to the common judgment and order dated 26-3-1993 passed by the learned Single Judge in bunch of writ petitions upholding the constitutional validity of the statutory notification dated 14-9-1992, bearing No. BPA-1088/1866/ ext-3, issued by the Government of Maharashtra under section 139 (l) (a)of the Bombay Prohibition Act, 1949 (for short the Act) declaring the area of Gadchiroli district as "dry district" by enforcing "prohibition" throughout the district with effect from 2nd day of October, 1992 and follow up and consequential orders issued by the Collector of Gadchiroli on 15-9-1992 directing cancellation of subsisting licences expiring on 31-3-1993 with effect from expiry of 15 days from the date of the impugned orders. Common questions are involved in these appeal and, therefore, they are being disposed of by this common judgment.

(2.) RELEVANT facts as under : the appellants hold licence in Form CL-III for retail sale of country liquor at various places issued under the Maharashtra Country Liquor Rules, 1973 by the Collector, Gadchiroli. The licences were issued prior to 18 to 20 years before the bifurcation of Chandrapur district. The said district was bifurcated into two districts in 1984-85, i. e. Gadchiroli and Chandrapur. In the district of Gadchiroli, there is a population of tribals who have inhabitant to this district from time immemorable. The tribals are customarily and habitually accustomed to consume alcoholic drinks and the State of Maharashtra has specifically framed rules known as Bombay Prohibition (Mhowra Flowers) (Prescribed Limits in the Weight) Rules, 1963 which specifically enable the tribals residing in tribal area of the State specified in Col. No. 2 of the Schedule, which includes tribals of Gadchiroli district to possess a greater quantity of Mhowra Flowers. The Government of Maharashtra issued statutory notification dated 14-9-1992 and declared the area of Gadchiroli district of the state as a "dry Area" with effect from 2nd of October, 1992 in the interest of general public in that district and particularly as the area of Gadchiroli district of the State consisted "mainly of the tribal area". The Gadchiroli district has about 40% of population of tribals in most of the areas and about 51% of such population in some of the areas and is one of the backward districts of the State. As a necessary consequence of said declaration, the Government of maharashtra prohibited the grant of licences and permits specified in the scheduled thereto in the Gadchiroli district of the State with effect from 2nd day of October, 1992. It is well known that 2nd October is birth day of Father of the Nation and has special solemnity for people of India. As a necessary corollary of the said order, it was further declared by the said notification that any such licences and permits, which were already granted by the Collector of the district before the 2nd day of October, 1992 and which were in force shall stand cancelled with effect from 2nd day of October, 1992 on taking of action towards cancellation of such licences and permits by the statutory authority granting such licences and permits in accordance with the provisions of Clause (a) of sub-section (1) of section 56 of the said Act. The schedule to the said notification sets out the list of various licences and permits which were directed to be cancelled as an essential measure of follow-up action in order to effectuate the enforcement of prohibition policy in the said district. On 1 5/09/1992, the Collector of Gadchiroli issued necessary orders to the effect that the subsisting licences shall stand cancelled on expiry of 15 days from the date of the said orders in exercise of the powers conferred on him under section 56 (l) (a) of the Act by issuing the statutory notification dated 14-9-1992.

(3.) WE have heard the learned Counsel for the parties.