HOTEL PRIYA, A PROPRIETORSHIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. These appeals arise from a judgment of the High Court of Bombay (and an order which followed it subsequently) (dtd. 6/5/2011 in W.P. No. 7962/2010 and connected cases; as well as the judgment and order dtd. 19/12/2012 in WP 2883/2012, which had followed the decision in the judgment dtd. 6/5/2012) which upheld the conditions imposed under order dtd. 12/9/2009.

(2.) The appellants are either owners or are operating restaurants and bars with the requisite licenses/permissions. Orchestra performances are a common feature in their premises. They, hence, go by the appellation "Orchestra Bars ". For this feature, they are required to secure Premises and Performance licenses under Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rule, 1960 (hereafter "Rules, 1960 ") framed under the Maharashtra Police Act, 1951 (hereafter "Act, 1951 "). The Commissioner of Police, Brihan Mumbai, exercising powers under Sec. 33 (1) (w)(i) and (w)(ii), Sec. 162(1) of Act, 1951 read with Rule 108A, 109, 118, 207 and 209 of the Rules, 1960, by orders dtd. 12/9/2009 in additional to the existing conditions mentioned in the Premises License, added several conditions. Certain conditions were challenged by the petitioners in W.P No. 7962/2010 and connected matters. However, at the stage of hearing, the challenge was confined to the following conditions:

(3.) Before the High Court, the appellants had contended that identification of particular number of artists or imposing any restrictions on the number of artists, whether male or female, has no bases either in Act, 1951 or Rules, 1960 and violates Article 14 and Article 19(1)(g) of the Constitution of India.