VIKRAMA SHAMA SHETTY Vs. STATE OF MAHARASHTRA
LAWS(SC)-2006-7-91
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on July 20,2006

VIKRAMA SHAMA SHETTY Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

UNION OF INDIA VS. INTERNATIONAL TRADING COMPANY [REFERRED TO]



Cited Judgements :-

ASSOCIATION OF CABIN HOLDERS OF KARCHELIA VS. STATE OF GUJARAT [LAWS(GJH)-2006-8-45] [REFERRED TO]
RAMESHBHAI CHATURBHAI VASAVA VS. STATE OF GUJARAT THRO SECRETARY [LAWS(GJH)-2012-4-22] [REFERRED TO]
B MURALIDHAR REDDY VS. GOVT OF A P [LAWS(APH)-2006-8-71] [REFERRED TO]
R G BHATT VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-118] [REFERRED TO]
S.P. SARKAR VS. UNION OF INDIA [LAWS(CA)-2014-9-42] [REFERRED TO]
IYANDURAI CHINAPPA KAUKAR VS. COMMISSIONER OF POLICE [LAWS(BOM)-2014-12-189] [REFERRED TO]
NATIONAL INSTITUTE OF TECHNOLOGY VS. CHANDRA SHEKHAR CHAUDHARY [LAWS(SC)-2006-11-96] [REFERRED TO]
SUBASH SOMAN VS. STATE OF KERALA REPRESENTED BY SECRETARY, EXCISE DEPARTMENT [LAWS(KER)-2019-4-57] [REFERRED TO]
DEVRAM SAWLERAM MUNDHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-10-69] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Bombay High Court in Appeal Lodging No. 75/2005 in Writ Petition No. 2736/2004.
(3.)The question that arose for consideration in the writ petition and the appeal therefrom is whether the revisional authority under The Bombay Prohibition Act, 1929 (hereinafter referred to as the Act) was right in refusing FL-III license to the appellant on the ground that the distance between the establishment of the appellant and the entrance to a mosque is less than 75 metres. Learned Single Judge held on the basis of the report given by the Court Commissioner that the distance was less than 75 metres and, therefore, in view of what is provided in Rule 45(1-C) of the Bombay Foreign Liquor Rules, 1953 (in short the Rules) the license could not have been granted. The view was upheld by the Division Bench by the impugned judgment.


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