1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1370 OF 1997 M/s Raj Bhojnalaya, A partnership Firm, carrying on business of running a Bar and Restaurant at Gandhibagh, Nagpur, holding Licence No. 72/96-97 under Form F.L.-III, through its partner Shri Baban S/o Balaji Pokle, R/o Itwari, Baripura, Nagpur. .....APPELLANT - VERSUS - 1] The Collector, Nagpur, through Superintendent, Prohibition and Excise, Nagpur 2] Commissioner of State Excise, Maharashtra State, Mumbai. .....RESPONDENTS =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. C.S.Samudra, Advocate for the Petitioner. Mr. A.G.Mujumdar, A.G.P. for Respondents. C ORAM : Smt.R.P.SondurBaldota, J. DATED : 01st February, 2010. 1] This petition relates to grant of a licence, called “Foreign Liquor-III” (hereinafter referred to as “F.L.- III”), issued under the Bombay Prohibition Act and the 2 Rules framed thereunder. The licence had been granted for the first time to the petitioner on 30th April, 1987 and it was renewed from time to time until year 1993, without any objection from the landlords of the premises from which the hotel of the petitioner is being run. The owners had filed Special Civil Suit No. 40 of 1993 and Regular Civil Suit No. 391 of 1992 for cancellation of the licence. But, both the suits came to be subsequently withdrawn since acting on the complaints of the landlords, the licencing authorities revoked the licence. 2] Mr.Samudra, the learned counsel for the petitioner submits that there has been material change in the circumstances since the cancellation of the licence. In the year 2001, Smt. Asha Babanrao Pokale, the wife of one of the partners of the petitioner firm, purchased the suit premises, as a consequence, the grievance made by the earlier landlords is no longer valid. He states that in view of these changed circumstances, the petitioner desires to file a fresh application to the authorities for grant of “F.L.- III” licence and that such an application will be filed within two months from today. He, however, requests that the interim order passed in the petition pursuant to which 3 the authorities have been renewing the licence from time to time, be continued for a reasonable period to enable the petitioner to file a fresh application for grant of licence. 3] In view of above, the writ petition is disposed of with a direction that the petitioner is permitted to apply afresh for F.L.-III licence within a period of two months from today and the interim order is extended for a period of Four months from today. No orders as to costs. JUDGE. Diwale