Nagpur: The Maharashtra government has declared Friday a ‘dry day’ in the state, but the Nagpur bench of Bombay High court I have allowed a petition for not complying with the Amravati District.
A division bench of Justice Nitin Jamdar and Justice Anil Pansare on Friday quashed and quashed the Amaravati Collector’s order prohibiting the sale of liquor in shops, bars and restaurants.
Petitioner Rahul Deshmukh, through advocate Gemini Cassatt, challenged the collector’s order issued under section 142 of the ‘Maharashtra Prohibition Act, 1949’, asking licensed liquor vendors to keep their establishments closed on Friday. Holi,
Soon after the High Court’s decision, the Collector issued a revised notification in the evening allowing the sale of liquor in the district.
According to the petitioner, who runs a small hotel, the order of the Collector is in gross violation of the provisions of Section 142(1) of the Act and Rule 9-A of the Rules, 1969. Without any material before him and without any justifiable reason, the petitioner said, the Collector passed the order recording only the reasons for maintaining law and order without forming any opinion with regard to peace.
Terming the order of Dry Day as perverse and contrary to the established principles of law, Deshmukh said that the respondent has not followed the mandatory procedure and has not independently recorded his opinion, and hence, it is liable to be set aside and can be kept separate.
“The Collector may issue such orders with reference to law and order. However, a satisfactory explanation is expected on how the sale of alcohol can jeopardize it. There have been some inappropriate incidents in the past, which have been brought to our notice by the police department. However, the collector did not give any clarification in his order in this regard,” said Kasat.
A division bench of Justice Nitin Jamdar and Justice Anil Pansare on Friday quashed and quashed the Amaravati Collector’s order prohibiting the sale of liquor in shops, bars and restaurants.
Petitioner Rahul Deshmukh, through advocate Gemini Cassatt, challenged the collector’s order issued under section 142 of the ‘Maharashtra Prohibition Act, 1949’, asking licensed liquor vendors to keep their establishments closed on Friday. Holi,
Soon after the High Court’s decision, the Collector issued a revised notification in the evening allowing the sale of liquor in the district.
According to the petitioner, who runs a small hotel, the order of the Collector is in gross violation of the provisions of Section 142(1) of the Act and Rule 9-A of the Rules, 1969. Without any material before him and without any justifiable reason, the petitioner said, the Collector passed the order recording only the reasons for maintaining law and order without forming any opinion with regard to peace.
Terming the order of Dry Day as perverse and contrary to the established principles of law, Deshmukh said that the respondent has not followed the mandatory procedure and has not independently recorded his opinion, and hence, it is liable to be set aside and can be kept separate.
“The Collector may issue such orders with reference to law and order. However, a satisfactory explanation is expected on how the sale of alcohol can jeopardize it. There have been some inappropriate incidents in the past, which have been brought to our notice by the police department. However, the collector did not give any clarification in his order in this regard,” said Kasat.