Mumbai: The Supreme Court has strongly disagreed with the order of Excise Minister Shambhuraj Desai dated July 6, 2023, overturning the decision of the Amravati District Collector and Excise Commissioner to cancel the license granted to bars and restaurants in the residential area of Kathore in Amravati.
Dismissing the appeal filed by the owner of Shubh Restaurant, the bench comprising Justices Ms. Pardiwala and Justice Bhuyan said that there was no reason for the Pradhan to intervene as the Gram Panchayat had not yet issued the No Objection Certificate when the two officials had declared the liquor license of the restaurant illegal.
Just because you are influential and have access to a minister, it does not mean that the minister can act in a domineering manner. Why should a minister interfere in the decision of a lower official without any solid reason? Saying this, the court dismissed the appeal against the order of the Nagpur bench. A woman teacher living near the restaurant had complained to the authorities because people were making noise after drinking the liquor served in the restaurant.
The Amravati collector had sought a report from the gram panchayat stating that they had not issued the Naharkat certificate. Based on this, the collector cancelled the license of the restaurant on May 5, 2021. The excise commissioner also upheld the decision. It was also noted that the gram panchayat had not permitted commercial use of the place. However, the high court restored the order of the excise commissioner, noting that the pradhan had revoked the decision without citing the reasons given by the lower authority as incorrect.