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2024 (1) TMI 1255 - BOMBAY HIGH COURTDirection to respondent to decide the stay application which was moved along with Appeal preferred under Section 137 of Maharashtra Prohibition Act, 1949 - cancellation of FL-III licence in exercise of powers under Section 54(1)(e) of the Act - HELD THAT:- Section 54 of the Act confers power to the Prohibition Officer, i.e. Collector to cancel or suspend the licence. Clause (e) of sub-section (1) of Section 54 of the Act provides that if the licence, permit, pass or authorization has been obtained through wilful misrepresentation or fraud, the same is liable for cancellation. In the case in hand, the petitioner was served with the notice and heard by the Collector before passing the order of cancellation of licence. The document, which is produced by the petitioner and which was used for the purpose of securing FL-III licence can be seen by naked eye to be a tampered one and used as genuine for the purpose of obtaining a licence under the Act. As such, prima facie it can be inferred that the petitioner has used forged document for securing the licence - The licence, if obtained by fraud or misrepresentation and that too by use of a doctored document, frustrates the very claim for grant of equitable relief as the fraud vitiates the proceedings. There are no reason to cause interference at the behest of the petitioner - it is seen from the conduct of the petitioner that the petitioner has tried to mislead this Court, which prompts to saddle costs of rupees five thousand on the petitioner to be paid to the High Court Legal Services Sub-Committee, Nagpur within a period of six weeks from today - The petition as such stands dismissed.
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