MAHARASHTRA WINE MERCHANTS ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY these two petitions, the petitioners viz. Maharashtra Wine Merchants association and Indian Hotels and Restaurant association challenge the circular dated 4th april, 2006 issued by the Commissioner, State excise Department to all Collectors in the State requiring them to pass orders under section 142 of the Bombay Prohibition Act, 1949 (for short the Act) to close all licensed shops selling foreign and Indian liquor. The petitioner in petition no. 1030 of 2006 also challenges the order dated 5th April, 2006 issued by the collector, Mumbai City purportingly under section 142 of the Bombay Prohibition Act directing: all toddy, country liquor and foreign liquor shops shall remain closed on 6th April, 2006 on account of Ram Navmi. "

(2.) THE members of the petitioner in w. P. No. 1029 of 2006, the Maharashtra Wine merchants Association, hold vendors licences granted to them under section 34 of the Act. By the said licences, the licenced vendors are allowed to sell foreign liquor in sealed bottles, subject to the terms and conditions of the licence. The members of petitioner in W. P. No. 1030 of 2006, the Indian Hotels and restaurant Association, hold hotel licences which permit them to sell and serve for consumption on the licenced premises (permit rooms) foreign liquor to a holder of permit in accordance with and subject to the terms and conditions of the licence. The petitioners are accordingly lawfully carrying on the business of sale of liquor to the permit holders and no breach of condition of licence is alleged against the petitioners or any of their members.

(3.) ON 4th April, 2006, the commissioner of State Excise issued a circular addressed to all District Collectors directing them that they should in exercise their powers u/s. 142 (1) of the Act order that all shops selling toddy, country and foreign liquor should be kept closed on 6th April, 2006 on the occasion of ram Navmi. In pursuance of the said circular, the District Collectors of all districts in the State of Maharashtra issued orders on 5th April, 2006 purportingly under section 142 of the Act directing that all shops selling toddy, country liquor and foreign liquor as well as all permit rooms should be kept closed on 6th April, 2006 on account of Ram Navmi. The circular dated 4th April, 2006 issued by the Commissioner as well as the order issued by the Collector, mumbai in pursuance of the said circular are impugned in these petitions.