HARPRITSINGH BHUPINDERSINGH HORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In view of the opinion expressed by the Division Bench of this Court vide order dtd. 12/4/2024 ("the reference order"), passed in the aforesaid petitions, we are called upon to answer the question formulated for determination by a larger bench. The question for determination is regarding the interpretation of Sec. 142 (1) of the Maharashtra Prohibition Act, 1949 ('said Act'). The question referred for our determination reads thus:-

(2.) In all three petitions, separate orders passed by the District Collector to exercise the powers conferred under sub-sec. (1) of Sec. 142 of the said Act are under challenge. Learned Collector has suspended the FL-I, FL-II and FL-III, etc. licenses for one day, i.e. on 14/4/2024, on the occasion of Dr. Babasaheb Ambedkar Jayanti. The said orders passed on 8/4/2024 are challenged by the license holders in the aforesaid petitions. In all three orders, the learned Collector has opined that to avoid any untoward incident on 14/4/2024, during the celebration of Dr. Babasaheb Ambedkar Jayanti and to maintain law and order situation, the learned Collector found it fit to exercise power under Sec. 142 of the said Act to close the shops of the license holders on the day of Dr. Babasaheb Ambedkar Jayanti.

(3.) Learned counsel for the petitioners in support of the petitioners' contentions to challenge the learned Collector's order relied upon the decision of the Division Bench of this Court in the case of Parbhani Jilla Daru Vikreta Sanghatana, Parbhani Vs The State of Maharashtra and Ors,2018(1) Mh.L.J 343 and the decision of the Division Bench of this Court in the case of Nitin s/o Nagoraoji Mohod and anr. Vs. the State of Maharashtra & Ors., Writ Petition No. 2928 of 2019 dtd. 12/4/2019. and the decision of a Single Judge of this Court in Maharashtra Wine Merchants Association Vs. State of Maharashtra and Others,2007(3) Bom. CR 343. Learned counsel for the petitioners mainly relied upon paragraph 7 of the judgment in the case of Parbhani Jilla Daru Vikreta Sanghatna ("the judgment under reference"). By referring to the petitioners' contentions, the Division Bench, while making the reference order, has opined in paragraphs 9 and 11 as under: