ANAND CHANDRAKUMAR JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both the petitions, the order impugned is passed in exercise of powers under sub-sec. (2) of Sec. 142 of the Maharashtra Prohibition Act, 1949 (for short "the Act of 1949") whereby the Police Officer has exercised the powers so as to close down the liquor shops.

(2.) At the outset, it is pertinent to determine the issue about the maintainability of the petition before the Division Bench in view of the objection raised by the learned Government Pleader with the learned Assistant Government Pleader.

(3.) The same has to be determined in wake of the decision of the learned Single Judge of this Court in Writ Petition No. 2707/2024 (Buldhana District Licensed Liquor Association through its Authorised Representative Shri Gopal s/o Babulal Chaudhari Versus State of Maharashtra, through the Principal Secretary, Department of State Excise, Mumbai and others), decided on April 23, 2024 whereby it is held that in case if the order under Sec. 142 of the Act of 1949 is questioned, the challenge is maintainable before the Single Judge.