Bombay High Court
Chandrashekar Dashrat Kurjekar vs The State Of Maharashtra Through Sub ... on 24 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:12165-DB
1 52wp852.2024..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 852 OF 2024
Chandrashekhar Dashrat Kurjekar,
Aged about 72 yrs, Occ. Veltur,
Tq. Kuhi, Dist Nagpur.
Manager of "U & ME" Lodge and
Restaurant Mendha, Tq. Kuhi
Dist. Nagpur ...... PETITIONER
...V E R S U S...
1. State of Maharashtra
through Sub-Divisional Officer,
Umred.
2. Police Inspector,
Police Station Weltur, Nagpur (Gramin)
District Nagpur .....RESPONDENTS
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Mr. Abhay Sambre, Advocate for applicant.
Mr. A.M. Ghogare, APP for respondent Nos. 1 and 2/State.
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CORAM:- VINAY JOSHI & ABHAY J. MANTRI, JJ.
DATE : 24.10.2024
JUDGMENT (Per : Vinay Joshi, J.)
Rule. Rule made returnable forthwith. Heard finally by
consent of learned Counsel for the parties.
2. The petitioner is serving as a Manager in a lodging house
namely "U & ME" lodge and Restaurant, situated at Mouza Mendha,
Tal. Kuhi, District Nagpur.
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3. On secrete information, police have conducted raid at the
lodging house on 17.7.2024 on which crime has been registered for
various offences under the provisions of the Immortal Traffic
(Prevention) Act, 1956 ("PITA"). The Sub-Divisional Officer has
issued show cause notice dated 25.7.2024 to the petitioner in terms
of Section 18 of the PITA seeking explanation within stipulated
period regarding use of the place as brothel. In pursuance of show
cause notice, petitioner has replied the same on 29.7.2024.
Precisely it is petitioner's contention that it is an isolated occurrence
as till date, no raid was conducted against alleged lodging house.
The petitioner gave entry to a girl only after verifying her Aadhar
Card and thus, the petitioner was not aware nor indulged into
prostitution activities. After considering the notice and reply by the
petitioner, vide impugned order dated 27.9.2024, the Sub Divisional
Officer has closed the lodging house for a period of one year.
4. The petitioner's learned Counsel would submit that there
was proper justification for giving entry to a girl, however, it was
not considered. It is argued that the impugned order is bereft of
reasons about satisfaction of the authority about the allegations
leveled. Particularly, it is argued that the provisions under Section
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18 of PITA cannot be invoked for two reasons. Firstly absence of
power to the authority to pass an order of closure and secondly,
there is no material to show that the lodging house was within 200
meters from any public place referred to in Sub-section (1) of
Section 7 of the PITA i.e. the religious place, school, college etc.
5. Learned APP fairly concedes that there is no material to
show that the lodging house fall in the specified area as
contemplated under Section 18 of PITA and more particularly, he
conceded that Section 18 does not empower the authority to close
the lodging house. In the circumstances, impugned order is not
sustainable in the eyes of law, hence, following order:
i) The application is allowed.
ii) We hereby quash and set aside the impugned order
dated 27.9.2024 passed by Sub Divisional Officer,
Umarkhed.
iii) We clarify that the authority is at liberty to take
necessary steps as permissible in law.
6. Petition stands disposed of accordingly.
(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.)
R. Belkhede,
Personal Assistant
Signed by: Mr. R. S. Belkhede
Designation: PA To Honourable Judge
Date: 25/10/2024 17:32:01
