Licenced wine sellers, hoteliers can do business on Chhath Puja as Bombay High Court stays Collector ban order

  • | Tuesday | 13th November, 2018

(Representational) Bombay High Court stays an order of the collector banning sale of liquor. Bombay High Court stays an order of the collector banning sale of liquor. It said that Chhath Puja is “performed at the sea shore only during the sunset, therefore, the order directing the closure in the entire area is not just and proper”. (Representational)THE BOMBAY High Court on Monday granted relief to wine sellers and hoteliers who hold licences to sell liquor, by staying an order of the collector banning sale of liquor on November 13 on the occasion of Chhath Puja in the Santacruz area. According to the collector, the action has been taken to maintain peace and order on account of Chhath Puja, which is going to be performed at Juhu beach in Santacruz.

Bombay High Court stays an order of the collector banning sale of liquor.(Representational) Bombay High Court stays an order of the collector banning sale of liquor.(Representational) THE BOMBAY High Court on Monday granted relief to wine sellers and hoteliers who hold licences to sell liquor, by staying an order of the collector banning sale of liquor on November 13 on the occasion of Chhath Puja in the Santacruz area. The court was hearing a petition filed by Maharashtra Wine Merchants, Indian Hotel & Restaurant Association and their owners, seeking to quash and set aside the order passed by the collector (suburban) on November 5, directing the closure/ban of sale on liquor on November 13 in Santacruz. According to the collector, the action has been taken to maintain peace and order on account of Chhath Puja, which is going to be performed at Juhu beach in Santacruz. Justice R I Chagla, while passing the order, considered the arguments of petitioners’ lawyers R D Soni and Sujay Gawade, that “the collector has formed his own opinion in the interest of public peace to close any place in which any intoxicant or hemp is sold, but the collector has just considered the report of the concerned commissioner of police”. The plea added that the petitioners are paying huge amounts as licence fees to the state government for conducting their business and hence, keeping their trade closed for even a single day causes huge losses. It said that Chhath Puja is “performed at the sea shore only during the sunset, therefore, the order directing the closure in the entire area is not just and proper”. The plea added that closure of the business for the entire day violates to the fundamental rights of the petitioners. “Also, the said puja doesn’t take more than three to four hours. The question therefore of ordering the maintenance of dry day also discloses arbitrariness and non-application of mind,” it said. The plea further stated that some members of the petitioners’ association are conducting business within the jurisdiction of the Santacruz police station, where Chhath Puja is to be celebrated at Juhu beach in Santacruz on November 13 and 14. For all the latest Mumbai News, download Indian Express App

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