DURGAPARAMESHWARI ENTERPRISES Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) In W.P.No.25539/2018 and W.P.No.26396/2018, petitioners are seeking for issue of a writ of mandamus to direct the 1st respondent not to insist upon the Occupancy Certificate prior to issuance of licence as contemplated under Section 3 of the Licensing and Controlling of Places of Public Entertainment (Bengaluru City) Order, 2005 (hereinafter referred to as 'Controlling Order' for short) and for quashing of the endorsements dated 08.06.2018 and 11.06.2018 Annexure 'A' issued by 1st respondent, whereunder petitioners have been notified to close the performance of Live Band (Music Recorded/Live) from the date of receipt of the impugned notices.

(2.) In W.P.No.26542/2018 petitioner has sought for writ of mandamus to direct the 1st respondent to accept the application dated 13.06.2018 filed by the petitioner under Clause 4 of the Controlling Order and also for a direction to the 1st respondent not to insist upon Occupancy Certificate for issuance of licence as prescribed under Section 3 of the Controlling Order on the ground that building for which they are seeking licence is constructed prior to 1977.

(3.) I have heard the arguments of learned advocates appearing for the parties namely, Sri. Bharath Kumar V., learned counsel appearing for petitioners and Sri.Ponnanna, learned Additional Advocate General along with Sri. Vijay Kumar A. Patil, Addl. Government Advocate for respondents.