(1) wp7203-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7203 OF 2011 M/s Renuka and Company PETITIONER VERSUS The Collector, State Excise, Osmanabad and another RESPONDENTS ..... Mr. P.V. Mandlik, Senior Counsel, instructed by Mr. Amol S. Gandhi, advocate for the Petitioner. Mr. V.H. Dighe, A.G.P. for the Respondents. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 22nd SEPTEMBER, 2011 ORAL ORDER: 1. By way of present petition, the petitioner challenges the Public Notice dated 13th September, 2011, issued by the Collector, Osmanabad, thereby proposing to hold an auction for giving away rights of Toddy shops for the year 2011-2012 in Osmanabad District. 2. Shri Mandlik, learned Senior Counsel appearing for the petitioner, submits that since the petitioner was awarded the license of Toddy shop for (2) wp7203-11 the year 2008-2009 in view of communication dated 24th August, 2007, addressed by the Commissioner of State Excise, he should have been continued with the license. 3. By now, it is settled position of law that while distributing the public shop/business, the mode of giving it by public auction or the tender is the only mode which is in the public interest. 4. Apart from that, in view of the judgement of the Apex Court in the case of "The State of Bombay and another Vs. F.N. Balsara" reported in AIR 1951 S.C.318, no person is having a vested right in dealing with the business of intoxicants and it is the self-prerogative of the State to distribute the said business. 5. As such, no case is made out for interference. The petition is rejected. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp7203-11