1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2936 OF 2009 M/s. Bhagwan Rajaram Gholap & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO. 1339 OF 2009 Babasaheb Jagdev Pol Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1340 OF 2009 Arjun Aaba Lavte Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1342 OF 2009 Namdeo S. Gavane Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1343 OF 2009 Rajesh Chandrayya Bodgewar Petitioner Vs. The Collector of Solapur & ors. Respondents 2 With WRIT PETITION NO.1347 OF 2009 Suresh Maruti Kotmire Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1351 OF 2009 Dattatraya Narayan Adate Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1373 OF 2009 Vijay Bhanudas Taralkar Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1375 OF 2009 Sudhir Bhagwat Gaikwad Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1380 OF 2009 Nagesh Baburao Vanjari Petitioner Vs. The Collector of Solapur & ors. Respondents 3 With WRIT PETITION NO.1416 OF 2009 Kalawati D. Thengil Petitioner Vs. The Collector of Solapur & ors. Respondents With WRIT PETITION NO.1561 OF 2009 Prakash M. Jaiswal & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.1617 OF 2009 Milind Gangaram Darbare & ors. Petitioners Vs. The Collector of Sangli & ors. Respondents With WRIT PETITION NO.1618 OF 2009 Ajay Dhondiram Adate Petitioner Vs. The Collector of Sangli & ors. Respondents With WRIT PETITION NO.1619 OF 2009 Sunil Vitthalrao Patil Petitioner Vs. The Collector of Sangli & ors. Respondents 4 With WRIT PETITION NO.1794 OF 2009 Shri Sunil Dhondiram Dabholkar & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.2047 OF 2009 Shakuntala Narsu Ghatge & ors. Petitioners Vs. The Collector of Sangli & ors. Respondents With WRIT PETITION NO.2867 OF 2009 Sudhir Narayan Kumbhar & ors. Petitioners Vs. The Collector of Kolhapur & ors. Respondents With WRIT PETITION NO.2971 OF 2009 Narayan Vasudeo Kulkarni & anr. Petitioners Vs. The Collector of Sangli & ors. Respondents With WRIT PETITION NO.3052 OF 2009 Bhaskar Maruti Dhore & anr. Petitioners Vs. The State of Maharashtra & Ors. Respondents 5 With WRIT PETITION NO.3075 OF 2009 Damu Namdeo Kharmare Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.3285 OF 2009 Banabai Sagaji Dhore & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.3466 OF 2009 Hiraman Tukaram Mithe & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.3530 OF 2009 Ramdas Bhikaji Darade & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.4128 OF 2009 Ramnath Kisan Bagul & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents 6 With WRIT PETITION NO.4941 OF 2009 Kamlakar Vishram Sawant & ors. Petitioners Vs. The Collector of Thane & ors. Respondents With WRIT PETITION NO.6964 OF 2009 Mahatma Fule Charitable Hospital & Trauma Centre Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9032 OF 2009 Laxmibai Wd/o. Laxmanrao G.Hantalwar Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9033 OF 2009 Bhakhan Sahadu Tadwi & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9034 OF 2009 Chhayabai Yankat Saudagar Petitioner Vs. The State of Maharashtra & Ors. Respondents 7 With WRIT PETITION NO.9035 OF 2009 Prakash Papalal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9036 OF 2009 Vyankatrao Yashwantrao Yamade Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9037 OF 2009 Narsaiay Bundaiya Kalal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9038 OF 2009 Anusayabai Rajesh Bodgewar Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9039 OF 2009 Ashok Shalikram Jaiswal & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents 8 With WRIT PETITION NO.9040 OF 2009 Balaji Ramanna Kalal & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9041 OF 2009 Shivnarayan Shivratanlal Jaiswal & anr. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9042 OF 2009 Bhikan Janardhan Gaikwad & anr. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9043 OF 2009 Lilabai Ramlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9044 OF 2009 Shobhabai Shriram Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents 9 With WRIT PETITION NO.9045 OF 2009 Smt.Tulsabai Kishanlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9046 OF 2009 Vitthal Govind Gangatirth & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9047 OF 2009 Premlal Bhaulal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9048 OF 2009 Rajesh Narayan Jaiswal & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9049 OF 2009 Premchand Popatrao Dhakpade & anr. Petitioners 10 Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9050 OF 2009 Rukhminibai Prakash Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9051 OF 2009 Vijayabai Bajiranglal Jaiswal & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9052 OF 2009 Shivashankar Bhimanappa Chinchansure Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9053 OF 2009 Smt. Vijayabai Vyankatrao Kamble Petitioner Vs. The State of Maharashtra & Ors. Respondents 11 With WRIT PETITION NO.9054 OF 2009 Bhagatsingh Indersingh Shinde Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9055 OF 2009 Rameshlal Pitambar Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9056 OF 2009 Shantabai Wd/o. Bhumanna Tandalwar Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9057 OF 2009 Prakash Narayandas Rizwani Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9058 OF 2009 12 Indubai Kishnlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9059 OF 2009 Annapurnabai Nandlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9060 OF 2009 Ramesh Radhamal Adwani & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9061 OF 2009 Shriniwas Kashagadu Ullemwar Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9062 OF 2009 Shri Ashok Shankar Kalal Petitioner Vs. 13 The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9063 OF 2009 Inderlal Tulsomal Kamora Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9064 OF 2009 Sureshlal s/o. Sonulal Sambre Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9065 OF 2009 Ashok Shantilal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9066 OF 2009 Mannulal Shivlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9067 OF 2009 14 Shri Ramesh Popat Kalal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9068 OF 2009 Hiralal Chunnilal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9069 OF 2009 Narendra Narayan Choube Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9070 OF 2009 Shri Narayan Chunnilal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9071 OF 2009 Premlal Shamlal Jaiswal Petitioner Vs. 15 The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9072 OF 2009 Smt. Indira Bhaskar Patil Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9073 OF 2009 Hiralal Ratanlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9074 OF 2009 Sudarshanlal Satyanarayan Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9075 OF 2009 Saraswatibai Satukro Jadhav & anr. Petitioners Vs. The State of Maharashtra & Ors. Respondents With 16 WRIT PETITION NO.9076 OF 2009 Motilal Chunnilal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9077 OF 2009 Kusum Chandanlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9078 OF 2009 Sau Shamkunwar Rameshlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9079 OF 2009 Shekahr Bhagwan Sonawane Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9080 OF 2009 Deolal Ramcharnlal Jaiswal Petitioner 17 Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9081 OF 2009 Shakuntalabai Laxminarayan Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9082 OF 2009 Pandurang Eknath Bankar Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9083 OF 2009 Babulal Puranlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9084 OF 2009 Pandurang Gopalrao Takalkar Petitioner Vs. The State of Maharashtra & Ors. Respondents 18 With WRIT PETITION NO.9085 OF 2009 Rajkumar Ramkrishna Bharkuka Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9087 OF 2009 Durgalal Rooplal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9088 OF 2009 Govardhan Harbansingh Tak Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9089 OF 2009 Prabhavatibai Ratanlal Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9090 OF 2009 Basantilal Dhannulal Jaiswal Petitioner 19 Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9091 OF 2009 Shri Sushil Narayan Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9092 OF 2009 Shri Navin Rajkumar Gangwani Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9093 OF 2009 Ashadevi Pralhad Kolhe Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9094 OF 2009 Sahebrao Kachru Darekar Petitioner Vs. The State of Maharashtra & Ors. Respondents 20 With WRIT PETITION NO.9095 OF 2009 Rajendrakumar Kishanlal Jaiswal & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9103 OF 2009 Govind Parshramsa Lohote & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9106 OF 2009 Kisan Jairam Bandebuche & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9107 OF 2009 Kamal Dadaji Deotale & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9108 OF 2009 21 Pushpa Arunrao Madurwar & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9109 OF 2009 Dineshkumar Jagdish Katakwar & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9111 OF 2009 Surendra Shaligram Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9112 OF 2009 Saraswati Namdeorao Wasad Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9114 OF 2009 Parmanand Jainarayan Jaiswal Petitioner Vs. 22 The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9115 OF 2009 Nishit Arun Jaiswal & ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9118 OF 2009 Prabhunarayan Ramlal Jaiswal & anr. Petitioners Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9119 OF 2009 Laxmikant Jainarayan Jaiswal Petitioner Vs. The State of Maharashtra & Ors. Respondents With WRIT PETITION NO.9120 OF 2009 Champabai Laxmichnade Harinkhede Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr.Nitesh Bhutekar i/b. Vijay V. Chandavale & Associates for petitioners in W.P. No.2936 of 2009. 23 Ms.Veena Thadani for petitioners in W.P. Nos.1339, 1340, 1342, 1343, 1347, 1351, 1373, 1375, 1380, 1416, 1617, 1618, 1619, 2047, 2867, 2971, 4941 of 2009. Mr.D.B.Sawant, Santosh Patil and Mr.S.S. Thakur for petitioners in W.P. Nos.1794, 3052, 3075, 3285, 3466, 3530, 4128 of 2009. Mr.P.D.Dudile with Mr.M.B. Kolpe i/b. Mr.J.G. Reddy for petitioners in W.P. Nos.9044, 9045, 9050, 9055, 9058, 9059, 9065, 9066, 9068, 9071, 9074, 9076, 9077, 9080, 9081, 9082, 9083, 9085, 9087, 9089, 9090, 9095 of 2009. Mr.S.G.Kadam with Mr.Sunil Kadam for petitioners in W.P. Nos.9106, 9112, 9120 of 2009. Mr.N.P.Deshpande with Mr.Uday Dastane, for Respondents in W.P. 9111/09. Mr.N.P.Deshpande, AGP in rest of the petitions. CORAM: B.H. MARLAPALLE SMT. V.K. TAHILRAMANI & SMT.ROSHAN S. DALVI,JJ. April 12, 2010. P.C. 1. These petitions filed before all the Benches of this Court in the State of Maharashtra and impugning the State Government’s decision to shift the country liquor shops beyond the village limits were heard by us from time to time. During the course of hearing a number of issues were highlighted 24 in support of the said challenge including the Government’s failure to gazette the impugned decision as required under Section 139 of the Bombay Prohibition Act, 1949. The learned counsel for the petitioners had also invited our attention to the uncertainties and contradictory opinions which may arise while interpreting the term “Gavkus” by pointing out that these shops were required to be shifted beyond the “Gavkus” and unless the term “Gavkus” was defined by the State Government, the Enforcement Officers may misuse their discretions and harass the licensees. 2. Mr.Nitin Deshpande, the learned AGP had, therefore, sought time of about four weeks to take instructions from the State Government so as to consider the statistics / data that may be available with the Commissioner of State Excise, Maharashtra in response to his earlier correspondence and based on that a policy decision so as to make the impugned decision feasible and workable would be taken and before it is brought into force, it would be gazetted as required under Section 139 of the Bombay Prohibition Act, 1949. However, as per the letter dated 9/4/2010, received by Mr. Deshpande, State Government would require about six months’ period and the policy decision so taken earlier to shift these country liquor shops beyond the village boundaries will be implemented only after the 25 entire procedure is followed and a fresh gazette notification will be published. 3. In all these petitions ad-interim stay orders were passed from time to time by different Benches and as a result thereof the country liquor shops were not shifted beyond the village limits and they continue to operate from the present places in the respective villages. Mr.Deshpande, the learned AGP, on instructions, states that the State Government has no objection if interim stay orders are continued and made operative till the fresh gazette notification under Section 139 of the Bombay Prohibition Act, 1949 is issued by the State Government. The learned counsel for the petitioners have consented for such an arrangement and, therefore, we deem it appropriate to dispose off these petitions. 4. Hence we note down the undertaking of the State Government that the data as made available from the office of the Commissioner, State Excise shall be taken into consideration by the State Government, the term “Gavkus” shall be defined with a workable certainty and a gazette notification under Section 139 of the Bombay Prohibition Act, 1949 so as to shift the country liquor shops beyond the village limits shall be 26 published within about six months’ period from today. In the meanwhile and till such notification is published in the State Government Gazette under Section 139 of the Bombay Prohibition Act, 1949, the interim stay orders passed in these petitions shall continue to operate. 5. Hence, these petitions are disposed off in terms of the above directions. The rights and contentions of the parties are kept open. (B.H.MARLAPALLE,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT. R.S. DALVI,J.)