RENUKA KALA KENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners have requested to quash and set aside the order dated 15th November, 2008 passed by Tahsildar/Taluka Executive Magistrate (Tahsildar), Purna, District Parbhani and confirmed by learned Minister for State (Home/Rural) dated 21st August, 2009. The activity of the petitioner is performance of Tamasha shows (folk dance). The petitioner had applied for performance license to the Tahsildar under the Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for Public Amusement, including Melas and Tamashas, 1960 (herein referred as "Rules"). Permission - performance license dated 10th October, 2001 for a year which was discontinued due to adverse orders passed by the learned Tahsildar.

(2.) In the past, on 31st December, 2007, the Tahsildar/Taluka Executive Magistrate cancelled the license of the petitioner by order dated 1st August, 2008 confirming the order dated 31st December, 2007. This order has traveled beyond show cause notice and this Court recorded "An order based on the grounds and the material which are not mentioned in the show cause notice would be in utter disregard to the principles of natural justice. Admittedly, the final order, so also, the order dated 1st August, 2008, have been passed by the Authority on the basis of material of which the petitioner had no notice." Consequently, the orders were set aside in Criminal Writ Petition No. 34 of 2008 on 23rd September, 2008, the matter was remanded to the learned Tahsildar, he was directed to give fresh show cause notice to the petitioner stating therein the grounds on which the action is proposed and the material in support of the purported actions. It was expected, after giving reasonable opportunity of hearing, necessary orders in accordance with observations be passed. It was in this scenario, on 7th October, 2008, a notice was served upon the petitioner highlighting seven aspects of infringement of Rules, law and order problem in the area. One of the grounds was, the Sarpanch of Grampanchayat, Erandeshwar and 23 + 28 villagers have objected the performance license for folk dance. Grampanchayats, Aherwadi and Mategaon have also passed resolutions on 29th July, 2008 and 26th July, 2008 and urged the Tahsildar not to approve any such license. On 31st July, 2008, 58 ladies appeared before the Tahsildar and made individual statements, not to entertain issuing performance license to the petitioner. It was pointed that under the garb of art, at the said place, brothel is conducted where, liquor is served freely in abundance till late night. The villagers spent their hardened money in such brothel and drinking, resultantly, few villagers have even suffered HIV positive.

(3.) In the reply, petitioner has disputed the allegations. Sarpanch of one of the villages had adverse interest and enmity with him. The persons who approached the Tahsildar are interested persons. The petitioner had also doubted about representation made by 58 females of village Erandeshwar.