Bombay HC quashes ‘dry day’ order for Amravati on Holi
A division bench of justices Anil Pansare and Nitin Jamdar on Friday quashed the Amaravati collector's order of 'dry day' banning the sale of liquor in bars, restaurants and shops.
Nagpur: The Government of Maharashtra has declared a ‘dry day’ in the state on Friday. But the Nagpur bench of Bombay HC has allowed a petition in District Amravati to not accept it at all.
A division bench of justices Anil Pansare and Nitin Jamdar on Friday quashed the Amaravati collector’s order of ‘dry day’ banning the sale of liquor in bars, restaurants and shops.
Petitioner Rahul Deshmukh, through advocate Jemini Kasat, had challenged that order of the Collector. Which was issued under section 142 of the ‘Maharashtra Prohibition Act, 1949’, In which the licensed liquor vendors were asked to keep their establishments closed for Holi on Friday itself.
Soon after the HC’s decision, the Collector also issued a revised notification in the evening allowing the sale of liquor in the district.
Collector can issue a similar order
The petitioner has said that according to him, who runs a small hotel, The order of the Collector is a gross violation of the provisions of Section 142(1) of the Act and Rule 9-A of the Rules, 1969. Also without any material before them and without any just cause, The Collector, without forming any opinion of his own regarding the peace itself, had completely recorded the reasons for maintaining order and law and got the order passed.
Describing the order of Dry Day as contrary to the established principles of law and perverse, Deshmukh has also said that the respondent has not followed the mandatory procedure at all and has not independently recorded his opinion at all, and is liable to be canceled and canceled for the same reason.
Jemini Kasat has said that the collector can issue a similar order in terms of order and law. However, how can the sale of liquor put it at risk? A satisfactory explanation of this is highly expected. There have been many inappropriate incidents in the past, Which the police department has brought to their notice. However, the Collector has also not given any explanation in this regard in his order at all.
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