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2010 DIGILAW 565 (BOM)

Bhagwan Rajaram Gholap v. State of Maharashtra

2010-04-12

B.H.MARLAPALLE, ROSHAN DALVI, V.K.TAHILRAMANI

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Judgment :- These petitions filed before all the Benches of this Court in the State of Maharashtra and impugning the State Government's decision to shift the country liquor shops beyond the village limits were heard by us from time to time. During the course of hearing a number of issues were highlighted in support of the said challenge including the Government's failure to gazette the impugned decision as required under Section 139 of the Bombay Prohibition Act, 1949. The learned counsel for the petitioners had also invited our attention to the uncertainties and contradictory opinions which may arise while interpreting the term "Gavkus" by pointing out that these shops were required to be shifted beyond the "Gavkus" and unless the term "Gavkus" was defined by the State Government, the Enforcement Officers may misuse their discretions and harass the licensees. 2. Mr.Nitin Deshpande, the learned AGP had, therefore, sought time of about four weeks to take instructions from the State Government so as to consider the statistics / data that may be available with the Commissioner of State Excise, Maharashtra in response to his earlier correspondence and based on that a policy decision so as to make the impugned decision feasible and workable would be taken and before it is brought into force, it would be gazetted as required under Section 139 of the Bombay Prohibition Act, 1949. However, as per the letter dated 9/4/2010, received by Mr. Deshpande, State Government would require about six months' period and the policy decision so taken earlier to shift these country liquor shops beyond the village boundaries will be implemented only after the entire procedure is followed and a fresh gazette notification will be published. 3. In all these petitions ad-interim stay orders were passed from time to time by different Benches and as a result thereof the country liquor shops were not shifted beyond the village limits and they continue to operate from the present places in the respective villages. Mr.Deshpande, the learned AGP, on instructions, states that the State Government has no objection if interim stay orders are continued and made operative till the fresh gazette notification under Section 139 of the Bombay Prohibition Act, 1949 is issued by the State Government. The learned counsel for the petitioners have consented for such an arrangement and, therefore, we deem it appropriate to dispose off these petitions. 4. The learned counsel for the petitioners have consented for such an arrangement and, therefore, we deem it appropriate to dispose off these petitions. 4. Hence we note down the undertaking of the State Government that the data as made available from the office of the Commissioner, State Excise shall be taken into consideration by the State Government, the term "Gavkus" shall be defined with a workable certainty and a gazette notification under Section 139 of the Bombay Prohibition Act, 1949 so as to shift the country liquor shops beyond the village limits shall be published within about six months' period from today. In the meanwhile and till such notification is published in the State Government Gazette under Section 139 of the Bombay Prohibition Act, 1949, the interim stay orders passed in these petitions shall continue to operate. 5. Hence, these petitions are disposed off in terms of the above directions. The rights and contentions of the parties are kept open.