RAMESH BAPURAO PADMAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Writ Petition is filed under Articles 226 and 227 of the Constitution of India challenging the legality, propriety and correctness of the judgment and order dtd. 10/10/2024 passed by respondent No.1 - the Revisional Authority, in Revision Application No.17 of 2024. By the said judgment, the Revisional Authority has confirmed the order dtd. 1/7/2024 passed by respondent No.2 - the Appellate Authority, whereby the order passed by respondent No.3 cancelling the transfer of the FL-II license in favour of respondent Nos.4 and 5 came to be set aside. The petitioners are aggrieved by the said orders on the ground that the transfer of license in favour of respondent Nos.4 and 5 is vitiated by fraud and impersonation, and ought not to have been sustained.

(2.) The facts giving rise to the filing of the present petition, briefly stated, are as under:

(3.) Petitioner No.1 was the lawful holder of an FL-II license bearing No.FL-II 15 and was operating his licensed business under the name and style of "Venus Wine" in the district of Chandrapur. The Government of Maharashtra, vide Notification dtd. 10/3/2015, in exercise of its powers conferred under the relevant provisions of the Maharashtra Prohibition Act, declared the entire district of Chandrapur as a "Dry District", thereby directing closure of all liquor vending licenses with effect from 1/4/2015. However, by way of an exception, liberty was granted to holders of FL-II and CL-III licenses to seek transfer of their respective licenses to other districts, with the specific exclusion of Wardha and Gadchiroli districts. Availing of the said liberty, petitioner No.1, vide application dtd. 18/9/2017, approached the Collector, Chandrapur seeking permission to shift his FL-II license from Kamla Nehru Ward, Warora, District Chandrapur to Shop Nos. 118 and 119, Fortliza, Kalyani Nagar, Yerawada, District Pune. The said request was considered and the Government of Maharashtra, by communication dtd. 18/7/2018, granted approval for transfer of the license from Chandrapur to Pune.