Smt. Sarladevi Santoshkumar ... vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 2401 Bom

29-WP-1561-2023.odt                           1



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH

              WRIT PETITION NO. 1561 OF 2023

Smt. Sarladevi Santoshkumar Singh,
Owner of M/s. Aditya Bar and
Occupation : Business, aged about 68 years,
R/o Plot Nos. 12 and 13, Talati No. 49,
Survey No. 80, Grampanchayat Mondha,
Taluka Hingna, District Nagpur.
                                                    ...PETITIONER

            Versus

1. State of Maharashtra,
   through Secretary, Home Department,
   Mantralaya, Mumbai.

2. Commissioner of Police,
   Commissioner Office, Police Bhawan,
   Civil Lines, Nagpur City, Nagpur.
                                                  ...RESPONDENTS

Shri Anand Jaiswal, Senior Advocate with Ms. Radhika Bajaj,
Advocate for the petitioner.
Ms. S.S. Jachak, Assistant Government Pleader for the respondents/
State.
                         .....

                          CORAM : A.S. CHANDURKAR AND
                                   M.W. CHANDWANI, JJ.

DATE : MARCH 13, 2023.

ORAL JUDGMENT : (PER : A.S. CHANDURKAR, J.)

Rule. Rule made returnable forthwith and heard the

learned Counsel for the parties.

2. The petitioner pursuant to grant of Premises

License and Performance License in the year 2014 is running

an establishment by name 'Aditya Bar and Restaurant'. The

Premises License and Performance License came to be

cancelled by the second respondent - Commissioner of Police

on 27/6/2022 under the provisions of Rule 222 of the Rules for

Licensing and Controlling Places of Public Amusement (other

than Cinemas) and Performances for Public Amusement,

including Cabaret Performances, Melas, Discotheque, Games,

Pool Game Parlours, Amusement Parlours providing Computer

or Virtual Reality Games, Cyber Cafes, Bowling Alleys, Card

Rooms, Social Clubs, Sports Clubs Melas and Tamashas, 1960.

Being aggrieved, the petitioner preferred an appeal before the

State Government challenging the said order. The State

Government by its order dated 28/12/2022 allowed the said

appeal and set aside the order passed by the second

respondent. Consequently, the petitioner claims entitlement to

renewal of the Premises License and Performance License for

the current year.

3. In the aforesaid facts, since the order dated

27/6/2022 passed by the second respondent has now been set

aside by the State Government, the Writ Petition is disposed of

by directing respondent No.2 to take necessary steps for

renewal of the Premises License and Performance License for

the current year if there is no other legal impediment within a

period of 15 days from today. The learned Assistant

Government Pleader undertakes to communicate this order to

respondent No.2.

4. Rule accordingly. No costs.

                                             JUDGE                               JUDGE
                                                              ******

                                  Sumit




Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:13.03.2023 17:50