JUDGMENT : - By these two petitions, the petitioners viz. Maharashtra Wine Merchants Association and Indian Hotels and Restaurant Association challenge the circular dated 4th April, 2006 issued by the Commissioner, State Excise Department to all Collectors in the State requiring them to pass orders under section 142 of the Bombay Prohibition Act, 1949 (for short the Act) to close all licensed shops selling foreign and Indian liquor. The petitioner in petition no.1030 of 2006 also challenges the order dated 5th April, 2006 issued by the Collector, Mumbai City purportingly under section 142 of the Bombay Prohibition Act directing: all toddy, country liquor and foreign liquor shops shall remain closed on 6th April, 2006 on account of Ram Navmi."

2. The members of the petitioner in W.P. No.1029 of 2006, the Maharashtra Wine Merchants Association, hold vendors licences granted to them under section 34 of the Act. By the said licences, the licenced vendors are allowed to sell foreign liquor in sealed bottles, subject to the terms and conditions of the licence. The members of petitioner in W.P. No.1030 of 2006, the Indian Hotels and Restaurant Association, hold hotel licences which perm

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