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1996 Supreme(Bom) 619

V.S.SIRPURKAR
RAMESH SHRIKRISHNA DHORE – Appellant
Versus
COMMISSIONER OF STATE EXCISE, BOMBAY – Respondent


Judgment

( 1 ) THE petitioner herein challenges the concurrent orders passed by the Collector, chandrapur and the appellate order passed by the respondent No. 1 Commissioner of State Excise. By the instant orders firstly the Collector allowed the application filed by the respondent No. 3 and deleted the names of the present petitioners from the licence and ordered the renewal of the said licence in the name of the respondent No. 3 alone. This order was confirmed in an appeal necessitating the present petition.

( 2 ) FOLLOWING facts will highlight the controversy : Respondent No. 3 Chaitram Domaji Mashakhatri was granted licence under Form C. L. III for running a retail country liquor shop under the provisions of Maharashtra Country Liquor Rules, 1973. He probably found himself unable to fulfil the conditions and, therefore, later on his licence came to be cancelled. This non grant of licence was informed to him by letter dated 28-3- 1974. The respondent No. 3 did not do anything for a considerable time and thereafter moved the hon ble Chief Minister. However, that request too met with the same fate and was turned down by letter dated 12-8-1982. Again the respondent No. 3 moved a fre








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