:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 4518 OF 2004 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Ms.Deepa Pohiya i/by. Mrs.Veena Thadani, Adv. for the petitioner. Mr.R.M.Patne, AGP for Respondent Nos.1 and 2. Mrs.Fvon h/f. Mr.D.D’mello for Respondent no.3. Mr.C.S.Balsara with Mr.H.N.Vakil i/by M/s. Mulla and Mulla and Craigie Blunt and Caroe for Respondent no.4. CORAM: S.C.DHARMADHIKARI, J. DATED: 10TH MARCH, 2008. P.C. P.C. P.C. : : : 1. This Writ petition has been disposed off by consent of parties on 16.12.2005. Now, certain directions are sought because the Court Receiver has submitted a Report on 11.7.2007. The Report of the Court Receiver indicates that despite Advertisement issued in the Newspapers, none have come forward to bid for the subject :2: :2: :2: liquor license. 2. Now, once the petition is disposed off, the Respondent no.4 to the original Writ petition cannot be allowed to continue the business. More so, when the Liquor license has admittedly expired with effect from 31.08.2006. The matter is in dispute between the petitioner and Respondent no.4 in the civil court. Further, I cannot accede to the submission of Mr.Balsara that there is a direction to renew the liquor license. No order of a court can ever override a statutory provision nor can be construed as one defeating the same. This court cannot issue a Mandamus to the Collector and other Authorities under the Bombay Prohibition Act to either grant a license or renew the same, if any license has expired. All such matters are governed by the Bombay Prohibition Act and the Licensing Rules. No order therefore can be passed much less as desired by Mr.Balsara. This Writ petition being disposed off with the directions and the :3: :3: :3: Receivers’ Report indicating that the license has expired but none has come forward to bid for it, it is for the Authorities to take decisions,if either the petitioner or Respondent no.4 approaches in that behalf. Petition disposed off. No costs. sd/- *********