PRAMILABAI PRABHAKAR BULBULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering the nature of controversy raised and at the request of parties, petition was heard finally at the stage of admission itself, by issuing Rule, making it returnable forthwith by the consent of parties.

(2.) Challenge in the Writ Petition is to the order dated 22.2.2006 passed by the Hon'ble Minister for State Excise, rejecting the revision application filed by the petitioner on 15.07.2001 observing that the sanction of FL-II Licence was withdrawn because of adverse police report and there is provision under the Rules/Guidelines for Reallocation of FL-II Licence, review cannot be entertained.

(3.) The petitioner is widow of alleged original licencee. It appears that on 31.1.1973 Prabhakar husband of petitioner applied for grant of Foreign Liquor Licence and on 19.2.1974 Government sanctioned the same to him. The police station officer of the concerned police station submitted adverse police report on 23.5.1974 and 29.5.1974 and also pointed out that 4 cases were pending against said Prabhakar. On 5.10.1974 the respondent no.6 Collector informed that FL-II licence could not granted to Prabhakar because of adverse police report. In 1975 Prabhakar again made effort but licence was not granted due to adverse police report. On 1.9.1976 Judicial Magistrate First Class, Nagpur dropped the proceedings against Prabhakar and Prabhakar expired on 4.5.1983. On 6.7.1989 the Home Department of State Government announced policy to revalidate CL-III or FL-II licence and also observed that in case of death of licence heirs of deceased can apply for grant of such licence, earlier sanctioned. It is mentioned that 17.2.1989 was the cut off date specified for this purpose. On 2.2.1989 the petitioner in her capacity as widow of lt. Prabhakar moved application under Certificate of Posting and requested for revalidating the licence earlier sanctioned to her husband. There was no response from the State Government and also no action and hence on 10.4.1994, the petitioner submitted reminder for consideration of her application dt. 2.2.1989. On 30.5.1998 petitioner was informed that said request was rejected on account of expiry of huge time. On 5.7.2001 she preferred revision under section 138 of the Bombay Prohibition Act, before the respondent no.3 and the said revision was closed for orders on 27.12.2002. Petitioners stated that on 9.10.2004 Hon'ble Minister, allowed that revision. It is mentioned that the State Minister had initially closed the matter for orders on 27.12.2002 but there were certain queries and hence it was again heard on 6.3.2006. It is mentioned that there was a communication issued on 9.10.2004 which mentioned that Hon'ble Minister had passed an order but no such orders reached respondent no.6 Collector.