Collector Can Review Its Administrative Orders Even Without Express Provisions Conferring Such Power: Bombay High Court

The Bombay High Court has held that the Collector has inherent power to review administrative orders even in the absence of an express statutory provision, so long as the decision relates to administrative, not quasi-judicial, functions. The Court upheld a 2013 order restoring the names of two partners in a country liquor licence, which had earlier been deleted after the death of the original licensee.Justice Rohit W. Joshi of the Aurangabad Bench dismissed a writ petition filed by the legal heirs of Saraswatibai Gangagoud Anantwar, challenging the Maharashtra Government's decision in a CL-III country liquor licence matter.The dispute arose after the death of Gangagoud Anantwar, the original licensee. He had formed a partnership with Respondents 5 and 6 in 1994. In 2008, the Collector passed an order transferring the licence to Saraswatibai's name alone, allegedly without notifying the other partners. In 2013, the Collector reviewed the order and included the names of Respondents 5 and 6 in the licence. The Excise Commissioner set aside this 2013 order, stating that the Collector lacked the power to review. In 2022, however, the Principal Secretary allowed a revision application and restored the Collector's 2013 order, prompting the present petition. The High Court upheld the 2022 decision, holding that the Collector's actions were administrative in nature and thus could be reviewed.“… the Collector, who is the licensing authority has discretion in the matter of permitting transfer and permitting legal heirs/legal representatives of deceased licensee to enjoy the privilege… The power exercised by the Collector under Rule 28 and Clause 17 of Form CL-III is not quasi-judicial power. It is essentially an administrative function… Since the power exercised by the Collector is administrative in nature, the said authority will have power to review its decisions even in the absence of any express enabling provision…,” the Court observed. The Court remarked that if the contention of the petitioner that Collector cannot review orders passed under the Prohibition Act is accepted, then the decision of inclusion of names of respondent nos.5 and 6 also cannot be reviewed by ordering deletion of their names from the licence, in the absence of any subsequent development entailing disqualification to hold the licence. The mere death of one of the partners cannot be a ground to delete the names of respondent nos. 5 and 6 from the licence.The Court emphasised that even if it is assumed that power is quasi-judicial, yet unless the respondent nos.5 and 6 incur any disqualification, the earlier order permitting inclusion of their names in the licence could not be reviewed by directing deletion of their names as has been done vide impugned order.Accordingly, the petition was dismissed.Case Title: Saraswatibai Gangagoud Anantwar v. State of Maharashtra & Ors. [Writ Petition No. 7487 of 2022]Click Here To Read/Download Order

Collector Can Review Its Administrative Orders Even Without Express Provisions Conferring Such Power: Bombay High Court

Saksham Vaishya

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