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2012 Supreme(Bom) 1130

A.B.CHAUDHARI
Sau. Shailaja Rajendra Badwaik – Appellant
Versus
Hon'ble Minister, Department of State Excise – Respondent


Advocates appeared:
For the Petitioners:A.S. Kilor, Advocate.
For the Respondents:R1 to R3, A.S. Sonare, AGP, R4, S.G. Jagtap, Advocate.

Judgment :

By the present petition, the petitioners have put to challenge the order dated 30.10.2010 passed by the State Government in Revision No. FLR-1310/RA-46/SE-2, by which the revisional authority has set aside the orders dated 20.2.2010 and 22.6.2010 passed by the Collector, Nagpur, and Commissioner, State Excise respectively; and after allowing the revision preferred by respondent no.4 directed the Collector, Nagpur, to grant him FL-III licence, in the housing or residential colony, namely Raghuji Nagar, Nagpur.

2. FACTS:

Petitioners are residents of Vidarbha Housing Board Colony, Raghuji Nagar, Nagpur. The residential houses in this colony are located on the road which is interior in the sense that the same is not a road with full commercial activities but falls on a side of the main road where commercial activity with a few liquor Bars and shops is carried out. Respondent no.4 Atul Jaiswal somewhere in the year 1997 purchased a residential house in the said Vidarbha Housing Board colony, namely House No. L-7/41 Raghujinagar, Nagpur, and started residing. In the year 2006-07 he obtained a licence for running a Eating House in the name Shobha Restaurant. Thereafter it appear































































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