Forthwith de-seal liquor outlets: Bombay HC to state govt – Times of India

MUMBAI: The Bombay high court on Saturday directed the Maharashtra government to forthwith de-seal outlets serving liquor in various places and allow them to operate.
“Open the seal and allow them to operate. Whatever action you have taken, withdraw it,” said a bench of Justices Suresh Gupte and Makarand Karnik. It heard a petition by Hotel and Restaurant Association (Western India) that in spite of HC’s May 6 order granting relief to members who pay 50 % towards renewal of FL-III license fees, coercive action was taken for not paying 100 % fees. HRAWI claimed 370 restaurants and bars are affected in Mumbai, Thane, Mira-Bhayandar, Navi Mumbai, Parbhani, Kolhapur and Satara districts.
After HRAWI had earlier moved HC to reduce the license fees for 2020-21 due to Covid-19 restrictions, the state reduced it by 50 %. But for 2021-22, on January 28 it notified higher rates. HRAWI again moved HC. On May 6 the HC directed it to make a representation for the state to consider and meanwhile those who pay 50% no coercive action will be taken. “The only coercive action is to stop liquor sale and seal business premises. They did that,” said senior advocate Virag Tulzapurkar, with advocate Ramesh Soni, for HRAWI.
The state’s advocate Milind More said as per the notification until they pay 100% fees they cannot be allowed to operate. He said 14500 FSL-III holders, who comprise 90%, have paid full license fees. The judges said when the notification is challenged and relief given to HRAWI, the State cannot insist on 100% payment. Questioning if any order was passed before sealing premises, the judges warned the State of a “drastic order” unless the sealing was for some other reason.
The judges, in their order, made it very clear that if in any single instance action has been taken by the state against any member despite deposit of 50% fees, “the action shall be forthwith revoked and de-sealing of premises should be ordered forthwith.” They added that if the sealing or closure is due to breach of license conditions, “the State may well defend its action by filing a reply.”
In another petition by Indian Hotel and Restaurant Association (AHAR), the judges granted relief from coercive action to its members who pay 50% license fees saying there is nothing to distinguish facts of their case from those of other cases. The state is directed to decide its representation expeditiously and within 4 weeks.