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2009 Supreme(Bom) 82

J.H.BHATIA
Shalikram Ganeshlal Jaiswal – Appellant
Versus
Director Municipal Council & the Additional Commissioner Amravati Division Amravati – Respondent


Advocates appeared:
For the Petitioners:U.S. Dastana, Counsel. For the Respondents: G.B. Lohiya, Counsel.

Judgment :-

Rule. Rule made returnable forthwith. With consent of parties matter is taken up for final hearing immediately.


2. Petitioners held CL-III licence to run a country liquor shop in Ward No. 2 Shukrawarpeth Washim. They moved an application to the respondent No.3 Chief Officer Municipal Council Washim to grant No Objection Certificate to shift liquor shop from Ward No. 2 to Ward No. 10. About that application public notice calling objections was issued and respondent No. 3 raised certain objections. After hearing public objections respondent No. 3 refused No Objection Certificate to the petitioners. Respondent No. 4 was also holding licence to run country liquor shop in village Kalamba (Mahali) in Washim Taluka. He made an application to the respondent No. 3 on 01.10.2003 seeking no objection certificate to shift his liquor shop from village Kalamba (Mahali) to Ward No.11 of Washim town. No Objection Certificate was granted. However later on because of the public objections respondent No. 4 sought No Objection Certificate to shift the shop to Ward No.10. That application was made on 16.04.2004 and on 10.05.2004 respondent No. 3 granted No Objection Certificate in favour of






















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