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HC turns down villager’s PIL against liquor shop

AURANGABAD: The Aurangabad bench of the Bombay High Court has became down a PIL difficult the moving of a liquor store to a village, which already has 5 liquor stores. The Beed district collector had ordered transfer of a rustic liquor store to Badrapur village of Beed. The transfer did not cross neatly with the villagers, who later filed a PIL.

The village sarpanch had filed a PIL, bringing up that the Gram Panchayat within the pastime of the village has passed a answer of no longer giving an NOC to any of the liquor stores in the future.

The division bench of the HC comprising Justice SS Shinde and Justice RG Avachat became down the PIL via concluding that the petition lacks bonafide. “The transfer of licence was necessitated in view of the Supreme Court’s order, dated December 15, 2016, prohibiting running of bars and liquor stores throughout the distance of 500 meters from the nationwide as well as state highways.

The HC has further stated that collector has transferred the licence after following due means of law and in strict compliance with the provisions of the Act and the principles thereunder.

The HC even expressed its wonder as to why the Gram Panchayat did not lift any objection against the 5 liquor vendors already operating within the village.

40-year-old sarpanch, Sudhakar Pandhari Shingare of Bardapur in Ambajogai of Beed had filed a PIL before the HC with a plea to quash and put aside the order passed via the Beed collector on May 28, 2018, which granted permission to transfer liquor store from village Nadadi in Ambajogai to village Bardapur.

The answer of Gram Panchayat dated January 26, 2018, which Shingare cited stated that the villagers had determined to not grant an No Objection Certificate (NOC) to the new liquor store on the village, since there are 5 liquor stores already running there. The sarpanch additionally contested that before taking decision to transfer the licence, NOC was no longer got from the village Gram Panchayat.

Lawyer PR Katneshwarkar, contested that the petition has been filed with an oblique reason. The attorney identified before the HC that brother of the sarpanch, runs a allow room on the village, because of which the sarpanch solid the representations from the villagers and ensured passing of a answer within the meeting of the individuals of the Panchayat.

The HC whilst turning down the PIL stated, “It is not in dispute that there are 5 liquor vends on the village. Opening of another would, subsequently, be of a little result. Admittedly, the brother of the village sarpanch is the landlord of a kind of liquor vends. He is the owner of a bar, located in shut neighborhood of the disputed nation liquor store. The respondents have, subsequently, every explanation why to contend that the petition lacks bonafides.”

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