Courts Update Bombay HC set aside the order passed by State...

Bombay HC set aside the order passed by State Excise minister on revision application of a liquor licence for Sports Club

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Mumbai, Nov 1 (ILNS) The Bombay High Court, recently (October 25)  while disposing of a Public Interest Litigation (PIL), quashed and set aside the order passed by the Minister, State Excise on the revision application of a liquor licence for a Sports Club.

A PIL filed by one Reji Abraham assailed an order passed by the  Minister, State Excise, on September 20, 2019, on a revision application filed by Sports Club, for a liquor licence under Section 138 of the Maharashtra Prohibition Act,1949.

By this order the Minister while allowing the Sports Club’s revision application set aside an order dated October 30, 2017, passed by the Commissioner of State Excise, confirming the order dated August 31, 2017, passed by the Collector, Mumbai, rejecting an application of a Sports Club, for a liquor licence. This order directs the Collector, Mumbai Suburban District, to issue such a licence to a Sports Club.

The challenge to the order as mounted by the petitioner is on several grounds.

The Division Bench comprising of Chief Justice Dipankar Datta and Justice G. S. Kulkarni after hearing the Counsel for the parties for some time on the issues as raised in the PIL.

The Court after the hearing the parties and when Counsel for Sports Club, agreed that his client would not have any objection if the said order passed by the Minister is set aside and the parties are relegated before the revisional authority to be heard afresh on the revision application filed by the Sports Club passed the order.

It also agreed that the petitioner would be permitted to intervene in such proceedings and shall be entitled to be heard in the revision proceedings. The Municipal Corporation which is the owner of the land and which has allotted the land to the Sports Club on specific terms and conditions, would also be represented in the revision proceedings and be heard by the revisional authority.

The Court disposed of the petition by the following directions, that the order dated 20 September 2019 passed by the Minister, State Excise on the revision application of respondent no.5, Minister, State Excise is quashed and set aside. 
The petitioner is permitted to intervene in the revision proceedings and shall be entitled to be heard by the revisional authority. So also the Municipal Corporation of Greater Mumbai would be entitled to participate and be heard by the revisional authority. 
All contentions of the parties on merits are expressly kept open. The revisional authority shall decide the application as expeditiously as possible and within a period of six weeks from receipt of the copy of this order.
PIL Petition is disposed of in the above terms. No costs./ILNS/SS/SNG/

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