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MILIND N. JADHAV
Rahul Giridhar Pathade – Appellant
Versus
Collector of Nasik, State Excise Department – Respondent
JUDGMENT :
1. By the present Writ Petition, Petitioner takes exception to the orders dated (i) 20.09.2019 passed by Respondent No. 4-State of Maharashtra, (ii) 08.02.2019 passed by Respondent No. 1 – Collector of Nasik and (iii) 04.12.2018 passed by Respondent No. 2 – The Commissioner State Excise.
2. Respondent No. 1 is the licensing authority under the Maharashtra Prohibition Act, 1949 (for short “the said Act”). Petitioner is the citizen of India and resident of Village Peth, District Nashik. Respondent No. 3 holds a CL III license under the said Act. Respondent No. 1 – Collector of Nasik passed order dated 08.02.2019 permitting Respondent No. 3 to shift his CL III license from the existing premises to the new premises. This permission was granted by the Collector after obtaining prior permission of the Commissioner on 04.12.2018.
3. Admittedly Respondent No. 3 is carrying on business of Restaurant and Bar in the name and style of M/s Hotel Mohana Garden since 1996. The Excise Department has duly approved the plan of the said hotel with Restaurant and Permit Room on Plot No. 284. The said Restaurant and Bar was shut down pursuant to the order passed by the Supreme Court on 15.12.20
It is an onerous obligation for an educational institution to devote itself in building a robust society by imparting creative education at the school level which ought not to be overlooked.
The main legal point established is that the disputed factual questions should be adjudicated by the competent authority, and the grant of license in excise matter is not a fundamental right.
The authority cannot mandate the shifting of an operational licensee's business based on objections raised after the statutory period, as such orders lack jurisdiction and must be supported with reas....
The central legal point established is the necessity for proper scrutiny and compliance with the conditions for granting FL-3 licenses.
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