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2012 Supreme(Bom) 324

B.R.GAVAI, SUNIL P.DESHMUKH
Satish s/o. Damodhar Kasar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri MONISHNILWANT, Advocate, holding for Shri S.B. TALEKAR, Advocate for Petitioner.
Shri K.G. PATIL, A.G.P. for Resp. No.1 & 2.

SUNIL P. DESHMUKH, J. :-

The petitioner has approached this court invoking its powers under Articles 226 and 227 of the Constitution of India, against the order dated 22.7.1994, directing him to shift his country liquor shop to other place, failing which, the same would be closed pursuant to powers under Section 142(1) of the Bombay Prohibition Act, 1949 ("The Prohibition Act" for short).

2. The petitioner has contended that a licence for retail sale of country liquor had been granted in faovur of his father by order dated 17.10.1973 by Respondent No.2. Said licence had been subsequently transferred in the name of Petitioner on the death of his father, under order dated 31.3.1993. The shop, as such, is being run for over 21 years and there had been no complaints whatsoever in respect of smooth running of the same. It is contended that a few women and others residing in the recent past had been bent upon to close down said licenced business of the petitioner and had initiated a campaign for the same. It had been politically motivated under the stratagem of political rivals. Said persons had influenced and instigated a few women and residents of village Shivna to close down said licen





































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