MANISH RAMESH NAGRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed under Articles 226 and 227 of the Constitution of India to challenge the orders dated 6-4-2015 and 25-5-2015 made by the Collector to take voting, go for election, on the basis the report given by the villagers to close country liquor shops of the petitioners. Both the sides are heard.

(2.) The petitioners are having licences to run country liquor shops in village Kurha, Muktainagar, District Jalgaon. It is CL III licence. In the Gram Sabha dated 25-1-2015 of this village resolution was passed by the villagers for closing down the country liquor shops from the village. Respondent No. 5, a social worker, gave separate representation of the villagers for closing the shops. After making necessary inquiry and after making verification as required in the procedure given in the Government Orders viz. The Bombay Prohibition (Closure of Licence on Resolution by Gram Sabha or Representation by Voters in the Ward of Municipal Council/Corporation) Order, 2008 as amended by the Order dated 12th Feb. 2009, the order is made by the Collector.

(3.) In the Gram Sabha 370 female voters were present. The Block Development Officer gave report after making inquiry that the procedure for holding the Gram Sabha was not followed and so on the basis of the resolution of the Gram Sabha it is not desirable to take action. In view of this report, the Collector has not issued order on the basis of the resolution of the Gram Sabha and the order is made on the representation given by the villagers.