Raspal Singh S/O Harjeet Singh ... vs State Of Maharashtra, Thr. Sub ...
2017 Latest Caselaw 3120 Bom

                                                    1                     crwp236.15.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

                 CRIMINAL WRIT PETITION NO.236/2015

      Raspal singh s/o Harjeet Singh Marhas,
      aged 33 years, Occ. Business, 
      r/o Plot No. 5, Lashkari Bagh,
      Nagpur.                                .....PETITIONER
                         ...V E R S U S...

      State of Maharashtra, through
      Sub Divisional Magistrate, Saoner,
      Nagpur.                                                 ...RESPONDENT
 -------------------------------------------------------------------------------------------
 Mr. Shashibhushan Wahane, Advocate for petitioner.
 Mr. N. B. Jawade, A.P.P. for respondent.
 -------------------------------------------------------------------------------------------
                               CORAM:- V. M. DESHPANDE, J.

DATED :- 13.06.2017

ORAL JUDGMENT

1. Rule. Rule is made returnable forthwith.

2. The impugned order is dated 21.08.2017 by which the

authority below has rejected the permission to open lodging and

boarding. The State has filed its reply. According to the reply,

since the Police Station Officer, Khapa has raised an objection for

starting the lodging and boarding house. Therefore, permission

was not granted by the authority. The reason given by the Police

Station Officer is that the place is near to the jungle and Kanhan

river and there is possibility of young couples coming there and

creating some obscenity. On this ground, the permission was

2 crwp236.15.odt

denied by the authority. There is nothing placed on record to

show that any incident has occurred in the near past by which it

could be said that there is a serious problem or any offences are

registered against any young couple. On the basis of mere

apprehension when there is nothing on record, the claim of the

petitioner cannot be denied.

In that view of the matter, the order passed by the Sub

Divisional Officer, Saoner dated 21.08.2014 is hereby set aside.

Rule is made absolute in the above terms.

JUDGE

kahale