Bombay High Court
Rajeev S/O Pyarelal Jaiswal vs Commissioner Of Police, Nagpur ... on 14 August, 2017
Bench: S.C. Gupte
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 5184/2017
Rajeev S/o Pyarelal Jaiswal,
Managing Director,
M/s. Needos Bar Pvt. Ltd.,
Munje Chowk, Sitabuldi, Nagpur. ..
Petitioner.
..Vs..
1. Commissioner of Police,
Nagpur.
2. Deputy Commissioner of Police
(Head Quarters), office of the
Commissionerate, Nagpur City,
Nagpur. ..
Respondents.
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Shri S.P. Dharmadhikari, Senior Advocate with Shri D.V. Chouhan, Advocate for the petitioner.
Shri N.R. Patil, A.G.P. for respondent Nos.1 and 2.
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CORAM : S.C. GUPTE,
J.
DATE : 14.8.2017.
ORAL JUDGMENT
1. Heard learned counsel for the parties.
2. Rule. Taken up for hearing forthwith by consent of learned counsel.
3. The petitioner runs a hotel by the name of "Hotel Needos" having a
licence for performing orchestra and gazals, which was renewed from time to
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time since 2008. It is the grievance of the petitioner that by an order dated 1st
August, 2017, the Deputy Commissioner of Police refused to renew this licence,
without giving any hearing to the petitioner. On 8th August, 2017, the learned
A.G.P. had sought time to take instructions as to whether or not any notice was
issued and hearing was granted to the petitioner before passing the impugned
order. On instructions, the learned A.G.P. confirms that there was no notice
issued or hearing granted to the petitioner before passing the impugned order.
Since the petitioner held this licence at least since November, 2008, if the
licence was to be cancelled or not renewed on account of any particular
allegations of fact a notice to show cause for such refusal to renew, or
cancellation of, the licence ought to have been given to the petitioner. So also,
the petitioner ought to have been heard before any order was passed on such
notice. There is a complete infraction of the principles of natural justice in the
matter. Accordingly, the impugned order of the Deputy Commissioner of Police
cannot be sustained. The impugned order is quashed and set aside, and the
Deputy Commissioner of Police, Nagpur (City) is directed to give a hearing on
the proposed cancellation / refusal to renew licence. For this hearing, the
impugned order of 1st August, 2017 shall be treated as a show cause notice and
the petitioner will be heard on the same. The petitioner shall submit a reply to
the show cause notice latest by 31st August, 2017. In the event any oral
hearing is demanded by the petitioner, the same shall be given to him within a
period of 1 week thereafter. The Deputy Commissioner shall thereafter decide
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the question of renewal of licence in accordance with law within a period of
two weeks from such hearing.
JUDGE
Tambaskar.
