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2021 Supreme(Bom) 1489

MANGESH S.PATIL
Shankarabai – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V.P. Latange, Advocate, K.B. Jadhavar, Advocate, Anil M. Gaikwad, Advocate, D.B. Rode, Advocate, G.R. Ingole, Advocate, Avinash D. Hande, Advocate

JUDGMENT

Mangesh S. Patil, J. - Heard. Rule. The Rule is made returnable forthwith. The learned AGP waives service for the respondent Nos.1 to 3. The learned advocate Mr. Gaikwad waives service for respondent No.4. The learned advocate Mr. Rode holding for Mr. Ingole waives service for respondent No.5. Also heard the learned advocate Mr. Hande for the Intervenor. At the request of all the matter is heard finally at the stage of admission.

2. The petitioner holds a CL-III licence No.95 issued under the Maharashtra Prohibition Act (hereinafter the Act) for village Naigaon (Dh.) Tq. Dharmabad District Nanded. She is impugning the judgment and order of the respondent No.2 Collector passed under Section 142 (1) of the Act directing closure of her liquor shop upholding the resolution passed by the Grampanchayat stated to have been passed in terms of the order passed by the State Government under Section 139 of the Act dated 25.03.2008 as amended by the subsequent order dated 12.02.2009 (hereinafter the Order under Section 139).

3. The learned advocate for the petitioner submitted that the decision of the Collector was solicited pursuant to the enabling provision contained in Clause 3 (3A) o

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