K V ACHARYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioners are impugning the show cause notice dated 15-11-95, the order passed by respondent No. 2 on 2-4-96 and the order in appeal passed on 17-6-96 by respondent No. 3. In substance the grievance of the petitioners is suspension of their licence to keep a place of public entertainment for 15 days.

(2.) THE petitioners are partners in the registered partnership firm of M/s. Golden Crown which is engaged in restaurant business at 29/33, Jankar Village Estate, August Kranti Marg, Mumbai. The petitioners were granted licence being Police Licence No. 36/1986 on 25-6-1986 by the Assistant Commissioner of Police, Tardeo Division, to keep a place of public entertainment. The said licence which was initially granted upto 31-3-87 continued to be renewed every year from time to time. The last renewal was made upto 31-3-97. A show cause notice was issued to the petitioners by the Dy. Commissioner of Police Head Quarters, Greater Bombay on 15-11-95 seeking explanation from the petitioners as to why their licence should not be suspended for a period of 15 days for repeatedly committing breaches of law and creating law and order problem. The petitioners responded to the said show cause notice by filing reply and ultimately the respondent No. 2 passed an order on 2-4-96 suspending the petitioners licence to keep a place of public entertainment for 15 days. The said order passed by the respondent No. 2 on 2-4-96 came to be challenged in appeal by the petitioners before respondent No. 3 on various grounds. However, the appellate authority was not persuaded by the contentions of the petitioners and dismissed the appeal filed by the petitioners vide order dated 17-6-96. Aggrieved by the order passed by respondent No. 2 suspending petitioners licence for 15 days and confirmed in appeal by the appellate authority, the present writ petition has been filed.

(3.) IN the present case in the show cause notice given to the petitioners the following incidents, offences, breaches and omissions have been mentioned while proposing the suspension of petitioners licences.