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A. S. CHANDURKAR, GAURI GODSE, RAJESH S. PATIL
Harpritsingh Bhupindersingh Hora – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Gauri Godse, J.
1. In view of the opinion expressed by the Division Bench of this Court vide order dated 12th April 2024 ("the reference order"), passed in the aforesaid petitions, we are called upon to answer the question formulated for determination by a larger bench. The question for determination is regarding the interpretation of Section 142 (1) of the Maharashtra Prohibition Act, 1949 ('said Act'). The question referred for our determination reads thus:-
FACTS IN BRIEF:
2. In all three petitions, separate orders passed by the District Collector to exercise the powers conferred under sub-section (1) of Section 142 of the said Act are under challenge. Learned Collector has suspended the FL-I, FL-II and FL-III, etc. licenses for one day, i.e. on 14th April 2024, on the occasion of Dr. Babasaheb Ambedkar Jayanti. The
The Collector's power under Section 142(1) of the Maharashtra Prohibition Act is broad, allowing closure of multiple places selling intoxicants for public peace.
The Collector's authority under Sec. 142 of the Maharashtra Prohibition Act is limited to ordering temporary closure of licensed establishments, and does not extend to permanent closure or mandatory ....
The main legal point established is the requirement for the Collector to provide the outer limit for the period of closure/suspension of a liquor shop under Section 142 of the Act.
Foreign liquor shop - Exemption from payment of license fee - Period during which liquor shops of petitioners had to remain shut on account of orders passed by District Collectors under Section 24 of....
Crimes that arose solely due to consumption of liquor are also detailed, where serious offences under IPC are seen charged.
The State Government holds the authority to regulate excise shop locations and close them without notice if due procedure was followed.
A producer engaging as a dealer under licensing regulations is required to obtain a license despite conflicting advice from authorities.
Point of law : Owner of cinema house cannot challenge the setting up of a new cinema house because it does not result in injury to a legal right or legally protected interest, the business competitio....
The court upheld the validity of the Liquor Policy prohibiting public servants from holding liquor licences, affirming the State's authority to impose such conditions in public interest.
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