GULABSINGH ANANTRAMSINGH THAKUR Vs. COLLECTOR AMRAVATI DISTRICT AMRAVATI

JUDGEMENT

(1.) RULE returnable forthwith. Heard learned Counsel for the parties.

(2.) THE only challenge that the petitioner made in this petition is that he was not heard prior to the passing of the order, which has affected him prejudicially and, therefore, the order is in contravention of the established canons of law of natural justice. Shri Gavai, learned Counsel appearing on behalf of the petitioner, therefore, submits that the order itself is bad in law. According to him, even if the Collector has passed the order under Section 56 of the Bombay Prohibition Act, there has to be an interpretation of that Section which would support a prior hearing of the person whose licence is cancelled. Section 56 runs as under :-

(3.) IT is to be seen here that the only objection, which is taken, is that the petitioner, who was going to suffer the order of cancellation, was not heard. There is no allegation of mala fides. Now, as a matter of fact, any order passed under Section 56 of the Bombay Prohibition Act is appealable under the provisions of Section 137 of the said Act. The petitioner could have filed an appeal and pointed out to the authority concerned that there was absolutely no reason why the notices should not have been issued to him under Section 56 (1) (a ). He could have pointed out to the appellate authority that this was not a case of emergency and that the reasons recorded by the Collector are extraneous or have no nexus with the object. He could have also pointed out to the concerned authority that in fact there is no such resolution passed, or that if it is passed, it has not been passed unanimously. All these are questions of facts which this Court would be slow to go into its writ jurisdiction under Articles 226 and 227 of the Constitution. There was an alternative remedy to the petitioner. Yet without exhausting that alternative remedy if the petitioner rushes to this Court, merely on the ground of non-hearing; this Court would be slow to act under its Constitutional jurisdiction.