JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Bombay High Court in Appeal Lodging No.75/2005 in Writ Petition No.2736/2004.

3. The question that arose for consideration in the writ petition and the appeal therefrom is whether the revisional authority under The Bombay Prohibition Act, 1929 (hereinafter referred to as the Act) was right in refusing FL-III license to the appellant on the ground that the distance between the establishment of the appellant and the entrance to a mosque is less than 75 metres. Learned Single Judge held on the basis of the report given by the Court Commissioner that the distance was less than 75 metres and, therefore, in view of what is provided in Rule 45(1-C) of the Bombay Foreign Liquor Rules, 1953 (in short the Rules) the license could not have been granted. The view was upheld by the Division Bench by the impugned judgment.

4. Background facts in a nutshell are as follows:

Appellant applied for obtaining license (permit) to enable him to sell foreign made liquor since no objection certificate was obtained from the mosque trust for grant of such license