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1993 Supreme(Bom) 159

IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
Dhanuka D.R., J.
S.M. Mallewar others.... Petitioners.
Versus
State of Maharashtra others.... Respondents.
Writ Petition No. 2116 of 1992 with Writ Petition Nos. 2137, 2138, 2139, 2174, 2175, 2194 2210 of 1992, decided on 26-3-1993.
Advocates appeared :
S.A. Bobde, Sunil V. Manohar, C.S. Kaptan, Mrs. N.S. Jog, Miss A. Kinkhede, S.G. Aney N.W. Sambre, for petitioners.
B.P. Jaiswal, B.R. Gawai, A.M Gordey, S.J. Jichkar K.S. Dhote, for State.
K.H. Deshpande A.C. Dharmadhikari and S.V. Purohit, Amicus Curiae.

Headnote:Bombay Prohibition Act, 1949, Secs. 139(1)(a), 54 56—Constitution of India, Art. 14—Cancellation of licences—Statutory notification dated 14-9-1992 issued by Government of Maharashtra under section 139(1)(a) of Bombay Prohibition Act declaring area of Gadchiroli district of State as dry district—Licences, permits already granted by Collector of district would stand cancelled w.e.f. 2nd October, 1992 under section 56 of Act—Challenged—Contention that section 139(1)(a) of Act is unconstitutional—Held, this is case of conditional legislation and State Government has merely fixed the time and manner of carrying legislation into effect in the area of Gadchiroli district as specified in impugned notification. The power of issuing necessary notification under section 139(1)(a) of Act is conferred on State Government itself. The State Government is expected to be aware of problems of people and decide about selective application of Act to particular area. Section 56(1) provides that authority granting licence may cancel the licence for any cause other than those specified in section 54 of Act. If power is exercised by State Government under section 139(1)(a) of Act and particular area is declared by State Government as dry-area from particular date, the authority granting licence is expected and enjoined in law to cancel the subsisting licence by serving any notice of prescribed duration or even without serving notice after recording reasons in writing. Hence impugned order is not violative of Article 14 of Constitution. A.I.R. 1951 S.C. 318 relied upon. A.I.R. 1976 S.C. 1031 followed. (Paras 10, 11, 13 16)

judgment

DHANUKA D.R., J.:—By these writ petitions filed under Article 226 of the Constitution of India, the petitioners have impugned the statutory notification dated the 14th of September, 1992, bearing No. BPA-1088/1866/EXC-3, issued by the Government of Maharashtra under section 139(1)(a) of the Bombay Prohibition Act, 1949, declaring the area of Gadchiroli district of the State “as a dry district” by enforcing “prohibition” throughout the district with effect from 2nd day of October, 1992 and follow-up and consequential orders issued by the Collector of Gadchiroli on 15th September, 1992 directing cancellation of subsisting licences expiring on 31st March, 1993 with effect from expiry of 15 days from the date of the impugned orders. Prior to issue of the impugned notification and the said orders, the petitioners in Writ Petition No. 2116 of 1992 were holding licences to sell country liquor in Form CL-III for retail sale of country liquor for the period 1st April, 1992 till 31st March, 1993. The basic facts and the basic issues concerning the entire group of writ petitions are almost identical. All the writ petitions forming part of this group of writ petitions are heard together.

2. By the said notification, dated 14th September, 1992, the Government of Maharashtra declared the area of Gadchiroli district of the State as a dry district with effect from the 2nd day of October, 1992. By the said notification, it was declared that the Government of Maharashtra had decided to do so in the interest of general public in that district and, particularly, as the area of Gadchiroli district of the State consisted “mainly of the tribal area”. The Gadchiroli district has about 40% of population of tribals in most of the areas and about 51% of such population in some of the areas and is one of the backward districts of the State. As a necessary consequence of said declaration, the Government of Maharashtra prohibited the grant of licences and permits specified in the schedule thereto in the Gadchiroli District of the State with effect from 2nd day of October, 1992. It is well known that 2nd October is birthday of Father of the Nation and has special solemnity for people of India. As a necessary corollary of the said order, it was further declared by the said notification that any such licences and permits, which were already granted by the Collector of the district before the 2nd day of October, 1992 and which were in force shall stand cancelled with effect from the 2nd day of October, 1992 on taking of action towards cancellation of such licences and permits by the statutory authority granting such licences and permits in accordance with the provisions of Clause (a) of sub-section (1) of section 56 of the said Act. The schedule to the said notification sets out the list of various licences and permits which were directed to be cancelled as an essential measure of follow-up action in order to effectuate the enforcement of prohibition policy in the said district. On 15th September, 1992, the Collector of Gadchiroli issued necessary orders to the effect that the subsisting licences shall stand cancelled on expiry of 15 days from the date of the said orders. The Collector of Gadchiroli did so in consequence of statutory notification dated 14th September 1992 referred to hereinabove in exercise of powers conferred on him under section 56(1)(a) of the Act.

3. I have heard the learned Counsel for the petitioners at some length. I have also heard the learned Counsel for the respondents and Shri K. H. Deshpande, Senior Advocate, as an amicus curiae. The petitioners have impugned the constitutional validity of section 139(1)(a) and section 56 of the Bombay Prohibition Act, 1949. The petitioners have also impugned the validity of notification dated 14th September, 1992 and the follow-up orders dated 15th September, 1992 cancelling the licences of the various licence-holders issued on 15th September, 1992 on various grounds. The challenge to order




































































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