PRAKASH MANNULAL JAISWAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner seeks writ of certiorari for quashing the order dated 27.05.2011 passed by Respondent No. 2 to the extent it restricts the Petitioner to sell liquor only for 'off' consumption i.e. in sealed bottles in respect of his CL -III licence held at Shahnoorwadi, Aurangabad. The Petitioner also seeks refund of the excise licence fee recovered for the years, 2011 - 2012, 2012 - 2013 and from 01.04.2013 till the date the condition to sale in sealed bottles is continued.

(2.) Mr. Mantri, the learned counsel for the Petitioner submits that, the Petitioner possesses the CL -III licence and was running his business at Bhavsingpura, Aurangabad. In the year, 2004 some miscreants demolished the shop of the Petitioner and since then the business of the Petitioner was closed. The Petitioner was paying the licence fee every year. The Petitioner was not in a position to run his business because of the illegal acts of some miscreants and also because of the Respondent / State not protecting the property of the Petitioner. On or about 06.05.2010 the Petitioner applied to the authority to transfer his CL -III licence from Bhavsingpura to the ground floor shop Nos. 2 and 3 at Renuka Complex, Shahnoorwadi, Aurangabad. In spite of the fact that the police reports were in favour of the Petitioner the Collector, Aurangabad rejected the application of the Petitioner for transfer of the said licence only on the opposition of the Corporator and some interested persons, the same was illegal. The Petitioner had to approach this court by filing Writ Petition No. 365 of 2011. This court set aside the order dated 10.12.2010 rejecting the application of the Petitioner for transfer of CL -III licence and directed the Collector, Aurangabad to hear the Petitioner again and to pass the appropriate orders in the matter as per the Maharashtra Country Liquor Rules, 1973.

(3.) The learned counsel further submits that, thereafter, again the Collector rejected the application and maintained his earlier order vide order dated 30th March, 2011. The Petitioner was again required to challenge the said order by filing Writ Petition No. 2880 of 2011. The Petitioner expressed his willingness to sell liquor in sealed bottles. This court by its order dated 5th May, 2011 directed the authority to look into such a proposal. The Collector thereafter vide order dated 27.05.2011 allowed the transfer of the said CL -III licence from Bhavsingpura to shop Nos. 2 and 3, Renuka Complex, Shahnoorwadi with a condition that the Petitioner shall sell the liquor through sealed bottles only to the persons possessing necessary permit.