PANJIM: A group of liquor owners from Thane village (Sattari) has approached the High Court of Bombay at Goa challenging the order of the North District Magistrate to shut down the outlets ‘without citing reasonable ground.’ The Collectorate order initially shut the outlets for 30 days and subsequently extended to another 30 days following complaints from the residents that liquor consumption by tourists was creating nuisance in the village.
The matter that came up for hearing on Monday has been adjourned to September 4 with the court issuing notices to the government and the village panchayat.
“The petitioners are constrained to approach this court seeking relief as District Magistrate, North has gone on to arbitrarily order the closure of the petitioners establishments u/s 29A of the Goa Excise Duty Act 1964, initially for a period of 30 days that was subsequently increased by an additional 30 days without any reasonable cause. Further, the Village Panchayat of Dongurli-Thane has, in complete violation of the Panchayat Raj Act and natural justice sans any show cause notice and without reasoning, revoked the Petitioners NOCs for operating their establishments vide correspondences dated August 16, 2018. The same has and is directly violating the fundamental rights of the petitioners guaranteed under Article 14, 19(g) and 21 of the Constitution of India,” reads an extract of the petition copy. Adv Wilbur Menezes, representing the aggrieved liquor owners, has alleged the Collectorate had initially ordered the closure on July 19, 2018 on grounds of residents’ complaints to Valpoi police, sub divisional magistrate and dy collector about tourists mainly from Belgaum creating large scale menace, ruckus and annoyance in the village.
“Under the influence of alcohol these tourists disturb the peace of Surla village and especially the women and children and therefore there is a possibility of crime being committed on them,” the villagers had stated.
Adv Menezes said, “The actions of the State and the panchayat directly infringe upon the fundamental rights of the petitioners. The absurdity that bars and alcohol outlets are being ordered to be closed due to tourists’ annoyance itself is incomprehensible. Moreover, hypothetically if accepted, it cannot only be applied selectively to Surla but must be applied pan Goa, as the State is dotted with tourists at every nook and cranny.”
