RAHUL GIRIDHAR PATHADE Vs. COLLECTOR OF NASIK

JUDGEMENT

(1.) By the present Writ Petition, Petitioner takes exception to the orders dated (i) 20/9/2019 passed by Respondent No. 4 - State of Maharashtra, (ii) 8/2/2019 passed by Respondent No. 1 " Collector of Nasik and (iii) 4/12/2018 passed by Respondent No. 2 " The Commissioner State Excise.

(2.) Respondent No. 1 is the licensing authority under the Maharashtra Prohibition Act, 1949 (for short "the said Act"). Petitioner is the citizen of India and resident of Village Peth, District Nashik. Respondent No. 3 holds a CL III license under the said Act. Respondent No. 1 " Collector of Nasik passed order dtd. 8/2/2019 permitting Respondent No. 3 to shift his CL III license from the existing premises to the new premises. This permission was granted by the Collector after obtaining prior permission of the Commissioner on 4/12/2018.

(3.) Admittedly Respondent No. 3 is carrying on business of Restaurant and Bar in the name and style of M/s Hotel Mohana Garden since 1996. The Excise Department has duly approved the plan of the said hotel with Restaurant and Permit Room on Plot No. 284. The said Restaurant and Bar was shut down pursuant to the order passed by the Supreme Court on 15/12/2016 since the same was abutting the National highway. Respondent No. 3 thereafter constructed a wall on three sides of Plot No. 284 in order to restrict the entry from the highway and thereafter made fresh Application to the Competent Authority seeking a license on the ground that the distance from the highway to the entrance of the restaurant was in excess of the ceiling permissible under the order passed by the Supreme Court.