MAHADEORAO GOVINDRAO RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of Constitution of India the petitioner, CLIII licence holder, challenges order dated 8th May, 1992 passed by respondent No. 1 State Government in revision under section 138 of Bombay prohibition Act and order dated 2151992 passed by Collector, Akola asking him to discontinue the business in his shop for its shifting elsewhere. The necessary facts in brief can be summarised as under:

(2.) THE petitioner is an exemployee of Indian Air Force and in 1973 in that capacity got CLIII licence. Earlier shop was at Rautwadi area and because of insistence of the then minister it was required to be shifted to Jatharpeth area of Akola town in 1978 and since then the shop is functioning in the said area till this date.

(3.) ON 1391990 respondent No. 2 Collector issued show cause notice as to why the petitioner CLIII licence should not be cancelled. The said show cause notice was challenged before this Court in Writ Petition No. 2538 of 1990. The said petition was withdrawn and the petitioner approached the commissioner of Prohibition and State Excise by filing appeal having No. 166 of 1990, That appeal was instituted on 14111990 and it was disposed of on 1831991 by passing order in favour of the petitioner. Again on 2781991 the respondent No. 2 Collector issued order stating that State Government has decided to revise the order of Commissioner dated 1831991 and therefore, suspended petitioner's licence until further orders. The petitioner again approached this Court in Writ Petition No. 2201 of 1991 and this Court stayed the said action of respondent No. 2 Collector and admitted the petition for final hearing. The petition was consider finally on 16101991 and the petitioner was permitted to withdraw it to approach the respondent No. 1 State government for vacating exparte order passed by it in the revision. The petitioner till then had no communication about any such order passed in threvision and therefore, High Court continued the stay granted to the petitioner in above petitioner on 16101991 for further period of four weeks. It thus, appears that the petitioner continued to run his CL III shop in that area only. In the meanwhile, the petitioner had moved application for permission to inspect records of revision and he also moved application on 11-11-1991 for vacation of exparte order of stay. The revision was heard by respondent no. 1 on 10011992 and no orders were passed and as such the petitioner again filed Writ Petition No. 724 of 1992 seeking direction to that respondent to pass appropriate orders in the revision. The petition was filed on 30th march, 1992 and on 10th April, 1992 the High Court directed respondent No. 1 State Government to pass appropriate order in the said revision within a period of two weeks. The respondent No. 1 then filed one civil application seeking extension of time to decide revision and the High Court was pleased to grant further period of two weeks which expired on 851992. The petitioner has thereafter pointed out that till 11-5-1992 no orders were passed and the shop of petitioner was continuing and even on 1251992 the petitioner could not see any copy of the order. He states that thereafter on 215 1992 respondent No. 2 Collector again issued order whereby the said respondent directed shifting of his shop from Jatharpeth to elsewhere and to discontinue functioning till then. It is in this background the present writ petition came to be filed.