Bombay high court quashes ‘dry day’ order for Amravati district on Holi – Times of India

NAGPUR: The Maharashtra government has declared ‘dry day’ in the state on Friday but the Nagpur bench of Bombay high court has allowed a petition for not observing it in Amravati district.
A division bench comprising justices Nitin Jamdar and Anil Pansare on Friday quashed and set aside Amravati collector’s order of observing ‘dry day’ prohibiting sale of the liquor at shops, bars and restaurants on Friday.
Petitioner Rahul Deshmukh through counsel Jemini Kasat had challenged the collector’s order issued under Section 142 of the ‘Maharashtra Prohibition Act, 1949’ asking licensed liquor vendors to keep their establishments closed on Friday for Holi.
Immediately after the HC’s ruling, the collector issued a revised notification in the evening allowing sale of liquor in the district.
According to the petitioner, who runs a small hotel, the collector’s order is in gross contravention of provisions of Section 142(1) of the Act and Rule 9-A of the Rules, 1969. Without any material before her and without any justifiable reason, the collector passed the order solely recording the reason of maintaining law and order without forming any opinion of her own in respect of peace, the petitioner stated.
Terming the dry day order as perverse and contrary to the settled principles of law, Deshmukh said the respondent has not adhered to the mandatory procedure and not recorded her opinion independently, and therefore, it is liable to be quashed and set aside.
“The collector can issue such orders in terms of law and order. However, a satisfactory explanation is expected on how the sale of liquor could endanger it. There have been some inappropriate incidents in the past, which the police department has brought to our notice. However, the collector did not give any explanation in her order regarding it,” Kasat said.