Bombay High Court
Maharashtra Wine Merchants ... vs State Of Maharashtra, Thr. The ... on 22 October, 2019
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
WPs 7250TO7255/19 1 Common Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7250/2019
Maharashtra Wine Merchants Association,
A Company registered under the provisions of
Companies Act, 1956 Having its office at 306,
Allide Industrial Estate 3rd Floor, Professor Ram
Panjwani Marg, Mahim - West Mumbai 400 016.
Having its divisional office at 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur
Through its Authorised Signatory Pratap S/o
Dayaram Dewani, Aged about 61 years,
Occupation : Business, R/o 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur. PETITIONER
.....VERSUS.....
1. State of Maharashtra,
Through its Principal Secretary,
Department of State Excise,
Government of Maharashtra, Mantralaya, Mumbai.
2. The District Collector,
Yavatmal District.
3. The Superintendent, Yavatmal,
State Excise, Government of Maharashtra. RESPONDENTS
WITH
WRIT PETITION NO. 7251/2019
Maharashtra Wine Merchants Association,
A Company registered under the provisions of
Companies Act, 1956 Having its office at 306,
Allide Industrial Estate 3rd Floor, Professor Ram
Panjwani Marg, Mahim - West Mumbai 400 016.
Having its divisional office at 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur
Through its Authorised Signatory Pratap S/o
Dayaram Dewani, Aged about 61 years,
Occupation : Business, R/o 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur. PETITIONER
.....VERSUS.....
1. State of Maharashtra,
Through its Principal Secretary,
Department of State Excise,
Government of Maharashtra, Mantralaya, Mumbai.
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WPs 7250TO7255/19 2 Common Judgment
2. The District Collector,
Buldana District.
3. The Superintendent, Yavatmal,
State Excise, Government of Maharashtra. RESPONDENTS
WITH
WRIT PETITION NO. 7252/2019
Maharashtra Wine Merchants Association,
A Company registered under the provisions of
Companies Act, 1956 Having its office at 306,
Allide Industrial Estate 3rd Floor, Professor Ram
Panjwani Marg, Mahim - West Mumbai 400 016.
Having its divisional office at 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur
Through its Authorised Signatory Pratap S/o
Dayaram Dewani, Aged about 61 years,
Occupation : Business, R/o 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur. PETITIONER
.....VERSUS.....
1. State of Maharashtra,
Through its Principal Secretary,
Department of State Excise,
Government of Maharashtra, Mantralaya, Mumbai.
2. The District Collector,
Washim District.
3. The Superintendent, Yavatmal,
State Excise, Government of Maharashtra. RESPONDENTS
WITH
WRIT PETITION NO. 7253/2019
Maharashtra Wine Merchants Association,
A Company registered under the provisions of
Companies Act, 1956 Having its office at 306,
Allide Industrial Estate 3rd Floor, Professor Ram
Panjwani Marg, Mahim - West Mumbai 400 016.
Having its divisional office at 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur
Through its Authorised Signatory Pratap S/o
Dayaram Dewani, Aged about 61 years,
Occupation : Business, R/o 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur. PETITIONER
.....VERSUS.....
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WPs 7250TO7255/19 3 Common Judgment
1. State of Maharashtra,
Through its Principal Secretary,
Department of State Excise,
Government of Maharashtra, Mantralaya, Mumbai.
2. The District Collector,
Bhandara District.
3. The Superintendent, Yavatmal,
State Excise, Government of Maharashtra. RESPONDENTS
WITH
WRIT PETITION NO. 7254/2019
Maharashtra Wine Merchants Association,
A Company registered under the provisions of
Companies Act, 1956 Having its office at 306,
Allide Industrial Estate 3rd Floor, Professor Ram
Panjwani Marg, Mahim - West Mumbai 400 016.
Having its divisional office at 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur
Through its Authorised Signatory Pratap S/o
Dayaram Dewani, Aged about 61 years,
Occupation : Business, R/o 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur. PETITIONER
.....VERSUS.....
1. State of Maharashtra,
Through its Principal Secretary,
Department of State Excise,
Government of Maharashtra, Mantralaya, Mumbai.
2. The District Collector,
Gondia District.
3. The Superintendent, Yavatmal,
State Excise, Government of Maharashtra. RESPONDENTS
WITH
WRIT PETITION NO. 7255/2019
Maharashtra Wine Merchants Association,
A Company registered under the provisions of
Companies Act, 1956 Having its office at 306,
Allide Industrial Estate 3rd Floor, Professor Ram
Panjwani Marg, Mahim - West Mumbai 400 016.
Having its divisional office at 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur
Through its Authorised Signatory Pratap S/o
Dayaram Dewani, Aged about 61 years,
Occupation : Business, R/o 1, Jaidev Apartment,
Gondwana Square, Byramji Town, Nagpur. PETITIONER
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WPs 7250TO7255/19 4 Common Judgment
.....VERSUS.....
1. State of Maharashtra,
Through its Principal Secretary,
Department of State Excise,
Government of Maharashtra, Mantralaya, Mumbai.
2. The District Collector,
Akola District.
3. The Superintendent, Yavatmal,
State Excise, Government of Maharashtra. RESPONDENTS
Shri Sahil S. Dewani, counsel for petitioner in all writ petitions.
Shri A.V. Palshikar, Assistant Government Pleader for respondents in all writ
petitions.
CORAM : A.S. CHANDURKAR, J.
DATE : 22TH OCTOBER, 2019 .
ORAL JUDGMENT
Since common grievance is raised in all the writ petitions, they are being decided by this common judgment.
2. RULE. Learned Assistant Government Pleader Shri A.V. Palshikar waives notice of hearing on behalf of all the respondents. Heard finally with consent of counsel for the parties considering the limited issue involved.
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3. The District Collector in exercise of powers conferred by Rule 9A of the Maharashtra Foreign Liquor (Sale on Cash and Sales Register) Rules, 1969 has passed an order directing that from 19.10.2019 at 6.00 p.m. till 21.10.2019 till 6.00 p.m. all licenses issued for sale of liquor in the district would not operate in view of polling for elections of the State Legislature that was scheduled on 21.10.2019. It has been further directed that on 24.10.2019 when the counting of votes was to be undertaken, the said licenses should not be operated for the entire day. Being aggrieved by the latter part of the order insofar as it relates to closure of liquor shops on 24.10.2019, the present writ petitions have been filed.
4. Shri Sahil Dewani, learned counsel for the petitioners submits that the issues raised in the present writ petitions have been adjudicated in Writ Petition No.9339 of 2014 decided at the Principal Seat on 10.10.2014 whereby the licenses were permitted to operate on the day of counting of votes after completion of such counting. He submits that the direction to keep the shops closed for the entire day when the votes were to be counted is uncalled for. It is further submitted that on 18.10.2019 in Writ Petition No.11197 of 2019 also before the Principal Seat, similar orders have been passed and the licensees are permitted to operate their liquor shops after 6.00 p.m. on 24.10.2019. He therefore submits that similar relief be granted to the petitioner.
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5. Shri A.V. Palshikar, learned Assistant Government Pleader for the respondents submitted that as counting of votes is to take place on 24.10.2019, the Collector has rightly issued the aforesaid directions. That direction is in accordance with provisions of Rule 9A of the said Rules. He however does not dispute the adjudication of similar matters at the Principal Seat.
6. It is seen from the adjudication of similar issues referred to hereinabove that the counting of votes is likely to be completed by the evening on 24.10.2019 as the polling was undertaken through Electronic Voting Machines. On that premise, it was held that the direction to keep the shops closed for the entire day on 24.10.2019 was unwarranted.
7. Hence, following the earlier orders passed, these writ petitions are disposed of by passing the following directions:-
The members of the petitioner-Association would keep their shops closed on 24.10.2019 till 6.00 p.m. in accordance with the directions issued by the respondent no.2. After 6.00 p.m. on 24.10.2019, they would be entitled to operate their respective licenses.
8. The Writ Petitions are allowed. Rule is made absolute in aforesaid terms. No costs.
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WPs 7250TO7255/19 7 Common Judgment Authenticated copy of this judgment is granted to the learned counsel for the parties.
(A.S. CHANDURKAR, J.) APTE ::: Uploaded on - 22/10/2019 ::: Downloaded on - 23/10/2019 02:47:30 :::