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2013 (7) TMI 601 - HC - Indian LawsLiquor license - Rule 62 under Section 85 of the Act as well as Rule 9 of the 2003 Rules - A foreign liquor ‘ON’ shop licence - Objections raised by the local people, which included number of Councillors of the local municipality - It does not appear that the Collector had conducted any enquiry to find out the creditworthiness of the complaint(s) – Held that:- Among other things, enquiry must be directed to ascertain the veracity of the allegations levelled by the petitioner in this writ petition regarding vested interests of a group of people, who are standing in the way of a licence being granted in his favour. Copies of the report of enquiry shall be made available to the petitioner as well as the respondent no. 6 (who appears to be the primary objector to grant of licence in favour of the petitioner) as well as the Councillor of the ward in which the site proposed is located. No other Councillor of the local municipality shall be entitled to participate in the proceedings, unless he is a resident of that ward and objects to grant of licence as a resident and not on the authority of the office he holds. A Councillor, even though not resident of the concerned ward, may be allowed to participate in the proceedings if he satisfies the Collector of his right to object - Report of enquiry is furnished and an appropriate reasoned decision shall be taken on the petitioner’s application keeping in mind the relevant factors including location of other nearby liquor shops and the likelihood of loss of State revenue, should the petitioner be unable to offer any alternative site.
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