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2012 DIGILAW 828 (BOM)

Shri Chidambar R. Chanekar v. State of Goa, Through its Chief Secretary

2012-04-19

F.M.REIS

body2012
Judgment 1. Heard Shri M. Amonkar, the learned Counsel appearing for the petitioner and Shri M. Salkar, the learned Government advocates appearing for the respondents. 2. The above petition challenges the order passed by the respondent no.2 dated 16/03/2011 and the order passed by the appellate Authority dated 21/09/2011 whereby the appeal preferred by the petitioner came to be rejected and consequently the licence bearing no. RS/FCL/628 to run the bar issued to the petitioner came to be revoked and cancelled. 3. During the course of hearing of the above petition, Shri Amonkar, the learned Counsel appearing for the petitioner has pointed out that he had obtained the requisite permission from the Excise Department to run such bar in the disputed premises up to 5.00 a.m. by licence no.RS/FCL/628 dated 23/11/2010. On perusal of the impugned judgments passed by the Authorities below, it is not in dispute that such documents were not produced before the Authority whilst passing the impugned orders. At this stage, Shri Amonkar, the learned Counsel submits that he may be permitted to produce the said documents before the respondent no.2 & consequently direct the respondent no.2 to decide the show cause notice issued by respondent no.2 dated 2/02/2011 afresh after giving an opportunity to the petitioner to file an additional reply. 4. Shri Salkar, the learned Counsel appearing for the respondents does not oppose to the said request of the learned Counsel appearing for the petitioner, but however, points out that until such exercise is carried out and the show cause notice is decided by respondent no.2 the petitioner should not be permitted to carry out any sale of liquor in the disputed premises and/or the licence issued to the petitioner should stand suspended till then. 5. Shri Amonkar, the learned Counsel appearing for the petitioner in fact pointed out that in case the respondent no.2 is directed to dispose of the said show cause notice within a specific time the petitioner shall not carry out any sale of liquor in the disputed premises or invoke the excise licence issued by the petitioner to run such bar in the disputed premises, until such period. 6. 6. Considering the facts and circumstances of the case, I pass the following order by consent: ORDER (i) The impugned orders dated 16/03/2011 passed by respondent no.2 as well as order dated 21/09/2011 passed by the appellate Authority are quashed and set aside. (ii) The respondent no.2 is directed to decide the said show cause notice afresh after giving opportunity to the petitioner to file an additional reply in accordance with law. (iii) Until the respondent no.2 takes a decision on the said show cause notice, the excise licence of the petitioner shall stand suspended. (iv) The respondent no.2 is directed to dispose of the said show cause notice within 8 weeks from today. All contentions of the parties on merits are left open. (v) The parties are directed to appear before the respondent no.2 on 25/04/2012 and abide by its further direction. (vi) Rule is made absolute in the above terms. (vii) The petitions stands disposed of accordingly with no order as to costs.