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2017 Supreme(Bom) 1554

R.M.BORDE, VIBHA KANKANWADI
Parbhani Jilla Daru Vikreta Sanghatana, Parbhani, Through its President, Chandraprakash Chetanram Sangtani – Appellant
Versus
State of Maharashtra, Through the Principal Secretary (State Excise) – Respondent


Advocates Appeared:
For the Petitioner: Vikram S. Undre
For the Respondents: A.B. Girase, S.P. Sonpawale

JUDGMENT :

Vibha Kankanwadi, J.

1. Rule. Rule made returnable forthwith. By consent, heard finally.

2. Present petition has been filed by the Petitioner Association to challenge order passed on 18-09-2017 by respondent No. 3 under Sec. 142 (1) of Mumbai Prohibition Act (for short the said Act) issuing direction to keep all the liquor shops closed on 22-09-2017, 30-09-2017 and 1-10-2017.

3. Members of the Petitioner Association hold licences to sell liquor. They are operating in Parbhani district. The Association received a communication on 21-09-2017 from respondent No. 3 informing that a decision has been taken by him on the basis of letter from Superintendent of Police, Parbhani that all the licence holders of the district should keep their shops closed i.e. they shall not transacted any transaction on 21-09-2017, 30-09-2017 and 1-10-2017; which are the days on which Mohurrum starts, Dashehara and Mohurrum respectively. It has been submitted that the said order is illegal. No date has been mentioned on the order. No reason has been assigned for exercise of the said power. Every public festival will not crate law and order problem. Hence, the petition has been filed invoking writ juri























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