Gujarat High Court Dismisses PIL Seeking Relief For Maharashtra Wine Shop Owners, Liquor License Holders Booked Under Gujarat Prohibition Act
The Gujarat High Court recently dismissed a public interest litigation (PIL) that sought to restrain the State police from booking wine shop owners and liquor license holders from Maharashtra under the Gujarat Prohibition Act, 1949.The Division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, rejected the PIL filed by the Association of Progressive Retail...
The Gujarat High Court recently dismissed a public interest litigation (PIL) that sought to restrain the State police from booking wine shop owners and liquor license holders from Maharashtra under the Gujarat Prohibition Act, 1949.
The Division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, rejected the PIL filed by the Association of Progressive Retail Liquor Vendors, a Maharashtra-based association of licensed liquor vendors. The court noted that the petition lacked essential documentation, including the registration certificate of the petitioner association.
Highlighting the inadequacy of the petition, the bench remarked, “This is a wholly misconceived petition filed in the name of Association of Progressive Retail Liquor Vendors, registration certificate of which is not placed before us.”
“From the prayer clause of the writ petition itself, it is evident that no such order can be passed as for any action against individual shop owner, he can avail remedy available in law,” the bench added.
The petitioners, claiming to represent wine shop owners in Mumbai, Thane, and Palgar districts of Maharashtra, sought a blanket mandamus to prevent legal action against any wine shop owners (license holders) from Maharashtra under the Gujarat Prohibition Act.
The petitioner association had approached the High Court last year, alleging that Gujarat authorities were unlawfully implicating wine shop owners and liquor license holders from Maharashtra in cases under the Gujarat Prohibition Act. The association contended that individuals from Maharashtra were being implicated based on statements from those arrested for illegally transporting liquor into Gujarat.
Appearance:
Mr. Dhruvin U Mehta(9993) For The Applicant(S) No. 1
For The Opponent(S) No. 2,3,4,5,6
Mr Utkarsh Sharma Agp For The Opponent(S) No. 1Case No.: R/Writ Petition (Pil) No. 12 Of 2024
Case Title: Association Of Progressive Retail Liquor Vendors Through President Arvind Vithalsa Miskin Versus State Of Gujarat
LL Citation: 2024 LiveLaw (Guj) 15