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2016 Supreme(Bom) 2209

B.P.DHARMADHIKARI, V.M.DESHPANDE
Rajendrakumar s/o Shailendrakumar Dixit – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arif Bookwala, Senior Counsel with Akshay Naik and Devendra Chauhan, S.P. Dharmadhikari, Senior Counsel with Devendra Chauhan and Akshay Naik, Devendra Chauhan and S.P. Bodalkar, Mahesh Rai and Abhay Sambre
For the Respondents:S.G. Aney, Advocate General with Smt. Bharti Dangre, Adv.

JUDGMENT :

V.M. DESHPANDE, J.

All Petitioners in these writ petitions are aggrieved by the declaration of Chandrapur as a dry district. The fact that they have licenses or permits issued by the Licensing Authority under the Maharashtra Prohibition Act, 1949 (Act XXV of 1949—formerly Bombay Prohibition Act, 1949) which are put to an end because of this declaration and hence, their locus to file the challenge is not in dispute. Maharashtra Prohibition Act, 1949 is hereafter referred to as the Prohibition Act.

In Writ Petition No. 1360 of 2015 which has been argued as a lead matter, prayer is to quash and set aside the order dated 5-3-2015 issued by Respondent No. 1 declaring Chandrapur to be the dry district w.e.f. 1-4-2015 by enforcing prohibition in that district in general public interest. It is claimed to be violative of Articles 14 and 21 of the Constitution of India. From that day in exercise of its powers under section 139(1) of the Maharashtra Prohibition Act, 1949 (Act XXV of 1949 — formerly Bombay Prohibition Act, 1949), State prohibited issuing of the licenses of types as specified in Schedule. State also clarified for removal of doubt that from said date, licenses in force s



































































































































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