Secretary PWD and State Excise to decide, Liquor ban is applicable to Bar/Shop/ Hotels or not : Bombay HC

Advocate Priyanka Chopade | Update: 13/06/2017

As The Honorable Supreme Court’s directed the Center and state Governments to ban sales of liquor nearby National and State highways.

Considering the bunch of petitions, which challenging the closer of liquor Bar/ Shop/ Permit room for doing business of liquor by respective Collector/ Superintendent of Excise on the ground, that they fall under 500 meter from the State Road.

Now the Bombay High Court directed the Secretary PWD and Commissioner for State Excise to decide whether certain Bar/ Shop/ Permit rooms are falling under the Supreme Court’s Highway liquor ban order. The bunch of Petitioners claim that they are doing their business is more than 500 meters away from state or National highway and Hence The Apex Court’s Order is not applicable to them.

Learned Advocate General submit that the impugned order have rightly been passed taking into considerations the fact that the petitioned establishments stand covered by the order 15th Dec 2016 and 31st Mar 2017 made by the Honorable Supreme Court in State of Tamilnadu Vs. K Balu.

Having considered the submissions made by the learned Counsel for the parties, the Bombay High Court says that, we find that the impugned orders have been passed without ascertaining in each case as to whether premises in-Question fall within 500 meters of the State Highways or are otherwise covered by the aforesaid orders made by The Honorable Supreme Court. However, considering that there are serious factual and other disputes involved, we are inclined to dispose of this bunch of petitions by directing Secretary, PWD (Road) Department, who will be assisted by the Commissioner for State Excise, State of Maharashtra to decide the grievances of the petitioners and the petitioners' contention that The Honorable Supreme Court's directions are not applicable to them.

Let this aspect of the matter be considered in each case by the said Secretary with assistance of the Commissioner for State Excise. It is open for the petitioners to appear through their representatives/associations. The Secretary, PWD (Road) Department, shall consider such representations and the petitioners' contention that they are not covered by the orders made by The Honorable Supreme Court and pass reasoned order thereon, as expeditiously as possible and in any case up to 5th July 2017.

Its also made clear that only the case in which the petitioners have been protected by interim orders, Such Protection shall continue until final decision by the Secretory.

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