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2021 Supreme(Bom) 391

G.S.KULKARNI
Devram Sawleram Mundhe – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P.N. Joshi i/b. Mr. Milind Deshmukh, adv
For the Respondent: Mr. P.P. Kakade, Mr. C.D. Mali, Mr.Moinuddin M.Khan i/b. Mr. M. Khan

JUDGMENT:

1. Whether our educational institutions are so weak that they would fear that the students would get adversely affected, if there is a restaurant having a liquor licence in the vicinity of their schools, is an issue falling for consideration in this case. The discussion is quite intriguing.

2. Challenge in this petition is to an order dated 22 June, 2021 passed by the Principal Secretary, State Excise Department (for short, “the Revisional authority”) by which the revision application filed by the petitioners against an order dated 30 March, 2021 passed by the Commissioner of State Excise, Maharashtra State, allowing the appeal of respondent no.3, arising from an order dated 19 November 2019 passed by the learned Collector, Pune whereby the learned Collector had rejected an application filed by respondent no.2, for shifting of the FL-III licence to another premises.

3. Respondent no.3 is holding a FL-III licence (for short “a liquor licence”) which was initially granted to him for his hotel namely Hotel Moonlight, situated at Village Barav, Tal. Junnar, District – Pune. He applied for transfer of the said licence from Village Padali Barav Grampanchayat to the limits of Junna

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