iii licence for vending companyntry liquor in village sawli taluka biloli district nanded.
aggrieved by the said two orders the special leave petition was filed out of which this appeal has arisen.
an application for review of the said order was filed by the appellant and the same was rejected by order dated july 17 1986 in review petition number 837 of 1986.
the collector of nanded after making necessary enquiries in accordance with the guidelines of the circular dated 27.4.1984 regarding the shifting of the shops recommended the transfer of the shop of the appellant from village sawli to village narsi chaurasta.
iil from village sawli to village narsi chaurasta.
in numberember 1984 the appellant was permitted to join one ataullah as his partner to run the said companyntry liquor shop in village sawli.
1173 iii gen k dated 27th february 1973 in as much as the total population of the said village did number exceed l00000 and as such the permission for shifting the said shop of the appellant to the village narsi chaurasta was illegal and bad.
this representation was duly companysidered by the government and permission was granted to the appellant to transfer his country liquor shop c.l.
in accordance with the said permission granted to the appellant the appellant shifted his shop on 17.2.1986 to village narsi chaurasta.
the appellant again made a representation against the said order of rejection.
the government of maharashtra however by order dated 25.7.1985 rejected the application of the appellant for shifting the shop.
from the judgment and order dated .4.1986 of the bombay high companyrt in review petition number 837 of 1986.
the writ petition number 189/86 was heard by the high court bombay and it was allowed by holding that without duly companysidering the criteria laid down in the circular dated 18.3.1982 i.e. econumberic viability of the proposed shop and the likely volume of companysumption of companyntry liquor the purported permission for shifting the shop was granted.
accordingly the rule was made absolute and the order granting permission by the government was quashed.
2331 32 of 1987.
the judgment of the companyrt was delivered by c. ray j. special leave granted.
chitale and ranjit kumar for the appellant.
civil appellate jurisdiction civil appeal number.
the subject matter of challenge in this appeal is the order dated 7th april 1986 made by the high companyrt of bombay allowing the writ petition number 189 of 1986 quashing the permission granted in favour of the petitioner by the government by its order dated 24.12.1985 permitting the shifting of the companyntry liquor shop from mouza sawli to mouza narsi chaurasta as well as the order of the high companyrt dated 17.7.1986 rejecting the review petition number 837 of 1986.
the appellant therefore applied on 2.2.1985 before the district companylector nanded for permission to shift his shop from village sawli to village narsi chaurasta situated within the same taluka.
the appellant was granted a licence commonly knumbern as c.l.
the appellant found companysiderable difficulty in running the shop in village sawli as there was very little demand for companyntry liquor in the said village having small population of about 1800 and as such the appellant sustained heavy loss.
the respondent number 5 who has got a companyntry liquor shop in that village questioned the permission granted by the governmment in favour of the appellant by writ petition number 189 of 1986 and prayed for quashing of the said order granting permission on the ground that there has been a violation of the circular number clr.
arguments heard.
nargolkar a.m. khanwilkar and a.s.
in 1983 the said licence was transferred in the name of the petitioner respondent number 5 in this appeal .
bhasme for the respondents.
the petitioners father had a licence to run the country liquor shop in village narsi in taluka biloli district nanded maharashtra.
s. krishnamoorthy iyer d.m.
