Procedural irregularities and illegal exercise of jurisdiction can lead to the setting aside of orders and the direction for proper adherence to the prescribed legal procedures.

1. On 11/7/2014, we had issued notice in the matter and directed respondent No.2-the Collector, Buldhana to remain present in this Court and show cause as to why he has not given effect to the order passed by the appellate authority.

2. While issuing of notice what is urged before us is that under a rule of hierarchy, when a superior officer passes the order, the subordinate officer is bound to comply with the same. Relying on the same basic principle, without going into the entire brief, we thought that it was necessary to secure the presence of the Collector to show cause as to why he has not complied with the order passed by the appellate authority.

3. When the matter is listed before us, perusal of the affidavit in reply shows that the facts of the case are somewhat otherwise and not as simple as were presented before us when an order was passed on 11/7/2014.

4. Today, with the assistance of the learned Government Pleader, learned Assistant Government Pleader and the learned Advocate for the petitioner, we have had the advantage of going through the entire material on record. The perusal of case file would reveal that the Inspector of Excise, Khamgaon had submitted a report to the Superintendent, State Excise, Buldhana with regard to the application of the petitioner for grant of licence on 04/3/2011. It appears that the said Inspector, on the basis of the measurements of the dining hall, the kitchen, the permit room and the store room, has recommended the proposal of the petitioner for grant of FL-III licence.

5. In the said report, the Inspector of State Excise has observed that the petitioner is having Plot Nos.18, 19 and 30 in Survey No.329 Part No.24 at Shegaon near Navoday Vidyalaya. The report shows that the main entrance of Navoday Vidyalaya is situated at 110 meters from the main door of hotel Adarsh Resort. The report further states that the said premises are not within the distance of 75 meters from S. T. Stand, Bus depot or railway station.

6. However, it appears that the Superintendent of Police, Buldhana, in his report dated 08/6/2011 has opposed the grant of licence on the ground that the said Hotel Adarsh Resort belonging to the petitioner is located on Shegaon - Khamgaon road and it is just adjacent to Jawahar Navoday Vidyalaya. Similarly, the Superintendent of Police, Buldhana had also pointed out that there is Sant Gajanan Maharaj temple and Anand Sagar-tourist spot at Shegaon which are visited by the pilgrims from across the State as well as out of the State in huge numbers. The Superintendent of Police reiterated all these facts in his another report dated 10/10/2012 stating therein that Shegaon town is known as "Pandhari" (Pandharpur) of Vidarbha and number of devotees visit the temple of Shree Gajanan and also Anand Sagar, a tourist spot.

7. It is stated in the affidavit-in-reply of respondent No.2-the Collector, Buldhana dated 29/7/2014 that the application of the petitioner was placed before the Committee constituted as per Rule 44(A) of the Bombay Foreign Liquor Rules, 1953 on 19/12/2012 by his predecessor for consideration of the application for licence. In the said meeting, the Committee decided that since the proposed permit room of the petitioner's Hotel is adjacent to the premises of Jawahar Navodaya Vidyalaya, the opinion of the Jawahar Navodaya vidyalaya in respect of grant of permit room/licence FL-III should be called for. The copy of minutes of the said meeting dated 19/12/2012 is placed on record

8. Accordingly, the opinion of Principal of Jawahar Navodaya Vidyalaya was called on 01/01/2013, who in turn, vide letter dated 04/01/2013 stated that a special Committee was formed to discuss the issue and the parents of the Vidyalaya strongly opposed the giving permission to the petitioner for sale of liquor and beer since the petitioner's hotel Adarsha Resort is located very close to the School. The opposition was further on the ground that Navodaya Vidyalaya is a residential s