1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4171 OF 2008 WRIT PETITION NO.4171 OF 2008 WRIT PETITION NO.4171 OF 2008 Vyasan Mukta Yuvak Sangha & Ors. .. . .. Petitioners. vs. Principal Secretary, Home Ministry, Mantralaya, & Ors. .. Respondents. Mr. Nilesh Bhute i/by U.P. Warunjikar for Petitioners. Mr. V.P. Malvankar, AGP., for Respondent Nos.1 to 3. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. DATE: 13TH OCTOBER, 2008. DATE: 13TH OCTOBER, 2008. DATE: 13TH OCTOBER, 2008. P.C. . The learned counsel for the petitioners submits that as the Hon’ble Minister has remanded the matter to the Competent Authority and in the meantime the liquor shop is permitted to be kept open, the petitioner may be allowed to withdraw the petition with liberty to file fresh petition. 2 2. Before we part with this petition, we may observe that in such a matter the Hon’ble Minister rather than remanding the matter should take decision at his level as the orders of remand frustrate the very public policy formulated by the Government on the basis of which the petitioners have been agitating the issue. We expect the learned AGP., to communicate this order to the Hon’ble the Chief Minister as well as the Minister for Prohibition and Excise. 3. We further make it clear that the petitioner Sangha shall be heard by the competent authority who is required to take a decision in the matter after the same is remanded by the Hon’ble Minister as they have a stake in the matter. 4. The petition stands disposed of accordingly. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.)