SHRI CHANDANLAL MANGALPRASAD JAISWAL Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2016-9-80
HIGH COURT OF BOMBAY
Decided on September 29,2016

Shri Chandanlal Mangalprasad Jaiswal Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

R.K.DESHPANDE, J. - (1.) Rule made returnable forthwith. Heard finally by consent of learned counsels appearing for the parties.
(2.) By impugned order dated 08.08.2016, CL -III license possessed by the petitioners has been cancelled in exercise of the powers conferred under Section 54 (1)(c) of the Bombay Prohibition Act. In the order impugned, certain reports have been relied upon, which undisputedly were not supplied to the petitioners. It is merely on the basis of data reflected in paragraph (3) of the order impugned about the increase in sale of country liquor within a span of one year that the inference has been drawn about the possibility of illegal sale of liquor in prohibited Chandrapur District. The existence of an alternate remedy of preferring an appeal under Section 137 of the Bombay Prohibition Act in such a case not be of much consequence.
(3.) The learned AGP appearing on behalf of respondents states that all the documents relied upon in the order impugned for taking action of cancellation of license shall be supplied to the petitioners and thereafter granting an opportunity of hearing to the petitioners, an appropriate order shall be passed.;


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