VIJAYALAXMI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was running a hotel, permit room and beer bar, in the name and style of 'Hotel Chandrama Resort'. Permission for keeping an eating house was granted to the petitioner and a Certificate of Registration of the said hotel as an 'eating house', as contemplated under the provisions of the Maharashtra Police Act, and the Rules and Regulations framed thereunder, had been issued. By an order dated 1-6-2013 (Exhibit "N" to the petition), the Tahsildar and Taluka Executive Magistrate, Bhokar (District : Nanded), cancelled the eating house license issued in respect of the said Hotel Chandrama Resort. The petitioner appealed to the State of Maharashtra, challenging the said decision taken by the Tahsildar and Taluka Executive Magistrate, but the said appeal, which was heard by the Principal Secretary, Home Department, came to be dismissed. The petitioner has, by the present petition, approached this Court, challenging the said orders passed by the said authorities and is invoking the constitutional jurisdiction and inherent powers of this Court, praying that the said orders be quashed and set aside.

(2.) As affidavit in reply on behalf of the respondents has already been filed, Rule is issued and made returnable forthwith, by consent. By consent, heard finally, forthwith.

(3.) I have heard Mr. N.B. Suryawanshi, the learned Counsel for the petitioner. I have heard Mr. P.N. Muley, the learned Additional Public Prosecutor for the State. With the assistance of the learned Counsel for the petitioner, I have gone through the petition and the annexures thereto. I have also gone through the contents in the affidavit in reply.