LAWS(BOM)-2011-11-60

RAMESH K SHETTY Vs. STATE OF MAHARASHTRA

Decided On November 18, 2011
Ramesh K Shetty Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith by consent of the parties. Ms. Cardozo, learned AGP waives service on behalf of the Respondents. Heard Mr. Kansara for the Petitioner and Ms. Cardozo, AGP for the Respondents at length. By consent, the Writ Petition is take up for hearing forthwith.

(2.) By the impugned order passed by the Licensing Authority, the eating house license given to the Petitioner under Section 33 (xa) and the license for public entertainment issued under Section 33 (w) & (y) of the Bombay Police Act, 1951 has been cancelled by the Commissioner of Police, Navi Mumbai by order dated 30th June, 2011 and the Appeal filed by the Petitioner has been dismissed. The facts of this case lie in a very narrow compass and are as under.

(3.) The Petitioner has been given a license to open/keep the place of public entertainment bearing license No. "CP/NM/LB1/4/2004" in his eating house known as "Ramesh Bar And Restaurant" situated at Plot No. 105/25, Sector 23, Janta Market, Turbhe, Navi Mumbai. A separate license for eating house has also been granted to the Petitioner bearing No. 81/83(1)) under the provisions of Section 33 (xa) of the BP Act, 1951.