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2023 Supreme(Bom) 1751

ROHIT B. DEO, M. W. CHANDWANI
S. K. Restaurant And Bar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
D.V. Chauhan, Advocate, N.S. Rao, Advocate

JUDGMENT/ORDER

ROHIT B.DEO, J. - Petitioner is assailing the order dtd. 10/3/2023, passed by the 2nd respondent - District Collector, Nagpur in purported exercise of power under Sec. 142(1) of the Maharashtra Prohibition Act, 1949 ("Act") directing permanent closure of the establishment "M/s. S.K. Restaurant and Bar" till FL-III license shifted elsewhere.

2. Petitioner is the holder of FL-III license 1165/2022- 23, issued by the second respondent. Petitioner asserts that the license was obtained to operate the business in rented premises situated at Tirupati Apartment, shops 2 and 3, mouza-Zingabai Takli, Nagpur. The State Excise Inspector submitted report, endorsing the compliance of the procedural requirement and according non objection. Petitioner states that within one kilometer radius of the premises at Tirupati Apartment, Zingabai Takli, several license holders, illustratively Red Rose Bar and Restaurant, Nupur Wine Shop and Somras Country Liquor are operating the license.

3. Petitioner states that after the petitioner started operating the license, certain persons claiming to be local politicians came to the establishment and told the petitioner that their dictates shall have t

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