SHAMRAO SENU PATIL, since v. Collector, Jalgaon

This writ petition challenges the order dated 10th of August 1994, said to have been passed by the Collector, Jalgaon, in exercise of his powers under section 56 (1) of the Bombay Prohibition Act, 1949, cancelling the liquor license CL-III, which was issued in the name of one Shamrao Patil of village Atawade, Taluka Raver. 2

Shri. Bora, the learned counsel for the petitioner, has pointed out that the show cause notice was issued on 22nd of February 1994 to the original license holder Shri. Shamrao Senu Patil. He has submitted his reply to the show cause notice in the month of March 1994 and thereafter, on 9.6.1994, the original license holder expired. The petitioner Smt. Chamelibai Patil is the widow of Shamrao Patil, the original license holder. She submitted her application dated 16.6.1994 for transfer of said license in her name. Shri. Bora, the learned counsel, further pointed out that on 8.7.1994 it was brought to the notice of the Collector that in the proceedings of the show cause, the original license holder Shri. Shamrao Patil has expired and that the present petitioner, the widow of said Shamrao, applied for transfer of CL-III license in her name. However, without granting any hearing to the petitioner and without deciding the application for transfer, the impugned order has been passed by the Collector, cancelling CL- III license, which was standing in the name of deceased Shamrao Senu Patil, in exercise of his powers under section 56 (1) of the Bombay Prohibition Act, 1949.

There is no reply filed in the instant writ petition. The matter is pending since 1994. There is no reason to disbelieve the facts pointed out by Shri. Bora, the learned counsel for the petitioner. If the factual position pointed out is taken to be true, being uncontroverted, then certainly the Collector was in error in passing an order dated 10.8.1994, 3 cancelling the CL- III license in the name of Shri. Shamrao. The said order cannot be sustained for the reasons that, the fact of death of original license holder was brought to the notice of Collector on 8.7.194, and that, no show cause notice was issued to the present petitioner, and the application dated 16.6.1994 filed by the present petitioner for transfer of CL- III license in her name was not considered. The order therefore, cannot be sustained.

In the result, the instant writ petition succeeds. The order dated 10th August 1994 passed by the Collector, cancelling the CL -III licence in the name of Shamrao Patil is hereby quashed and set aside. However, it is made clear that it will be open for the Collector to pass orders on the application for transfer of CL-III license dated 16.3.1994, submitted by the petitioner and if at all he wants to take any action of cancellation of CL- III license, then the petitioner should be provided an opportunity to show cause and of being heard in the proceedings. Rule is made absolute in these terms. No order as to costs. [ R.K. DESHPANDE, J. ] ssc/wpwp2778.94