SHREYASH Vs. COLLECTOR, AMRAVATI

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The question that arises for consideration in this writ petition filed under Article 226 of the Constitution of India is whether an Authority conferred with the statutory power can exercise the same in a manner de-hors the scheme under which the same is required to be exercised. To put it otherwise, whether the Appellate Authority under Sec. 137 of the Maharashtra Prohibition Act, 1949 (for short, 'the Act of 1949') could exercise such powers on representations received without the action complained of being challenged in the manner prescribed by the Bombay Prohibition (Appeal) Rules, 1953 (for short, 'the Rules of 1953').

(3.) The facts relevant for consideration are that the petitioner was granted permission to operate FL/BR/II license by the Divisional Deputy Commissioner, State Excise, Amravati. On the basis of this permission, he was issued a license on 5/6/2023 pursuant to which the petitioner started operating the same. At the behest of the respondent no.4, a housing Society, representation dtd. 8/6/2023 was addressed to the Superintendent, Central Excise raising an objection to the functioning of the said license in the premises of the society. It also made another representation on 13/6/2023 to the Hon'ble Deputy Chief Minister with copies to the Collector and other Authorities. In the light of these representations, the Collector issued a notice on 6/7/2023 calling upon the petitioner was to submit his say on the representations dtd. 8/6/2023 and 13/6/2023. The said hearing was scheduled on 11/7/2023. The petitioner submitted his response on the said date justifying the grant of said license to him. By the order dtd. 18/8/2023 the Collector proceeded to exercise powers under Sec. 56 and 137(1) of the Act of 1949 and cancelled the license dtd. 23/5/2023 issued to the petitioner. Being aggrieved the petitioner has challenged the aforesaid order.