The Collector's order followed a violent protest carried out by women of village Shahpur. Last year, they had as per Gram Panchayat rules submitted letters to authorities to shut the liquor shops.
The Bombay High court has set aside the order passed by the Collector of Nanded shutting down all liquor vends in the area after a violent protest last year carried out by woman claiming they are the root cause of the sufferings of women and children of the village, because of the menace of the irresponsible drunkards.
Justice SB Shukhre while setting aside the order passed on February 2, said, "On going through the impugned order, one can see that the order closes down the liquor shops for indefinite period of time and no period is stipulated for the effect of the order to come to an end. The authority must stipulate the period of time during which the order of closure of liquor shops shall be in operation. This requirement has direct nexus with the purpose of power conferred upon the authorities. Therefore, on this count alone, I find that the impugned order is patently illegal and liable to be quashed and set aside."
The Collector's order followed a violent protest carried out by women of village Shahpur. Last year, they had as per Gram Panchayat rules submitted letters to authorities to shut the liquor shops. However, an enquiry was conducted and it was found that the signatures and the thumb impressions appearing on the representation of the women agitators could not be verified in the enquiry, Ultimately the enquiry was required to be closed. This action provoked the women and they assembled at a prominent place in the village and started violent protests.
As the situation was getting out of hand the police first ordered the shut down of the shops. This order was confirmed by the Collector.
Two liquor shop owners had approached the court challenging the order. It was argued that the order passed under section 142 (2) of the Maharashtra Prohibition Act is to tackle unforseen situation where there is likelihood of disturbance to public peace and thus ordering shutting of liquor shops. Thus, by definition, it was a limited time order.
The court agreed with the arguments of the shop owners and accordingly said "considering the fact that there are no fresh reports of rioting or gathering of crowds forming unlawful assembly, it can be presumed that the situation is now well under control."
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Bombay High Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}