SHANKAR SATLINGAPPA MHETRE Vs. PRINCIPAL SECRETARY (APPEAL AND SECURITY) GOVERNMENT OF MAHARASHTRA HOME DEPARTMENT

JUDGEMENT

(1.) By this petition under Article 226 and 227 of the Constitution of India, the petitioner seeks following relief:

(2.) The petitioner was granted licence of touring cinema theatre namely Balaji Chitramandir, (for short 'the said theatre') situated at Dudhani, Taluka Akkalkot, District Solapur by Tahsildar on 7/11/2004. After obtaining necessary permissions/licences, the petitioner constructed the building to run the said Theatre. The licence of the petitioner was renewed upto the year 2019. The petitioner thereafter applied in the year 2020 for renewal of licence by paying the challan. However, the licence was not renewed.

(3.) A report dtd. 22/2/2022 was submitted by the police inspector, Akkalkot Police Station to Respondent No. 2-Collector thereby requesting to cancel the licence given to the petitioner to run the said theatre stating that there are two big rooms adjoining the premises of the theatre and they are used for the purpose of gambling activities. Three offences have been registered with Akkalkot Police Station in respect of the said theatre which are (i) CR No. 62/2015 registered with Akkalkot South Police Station for offence punishable under Ss. 307, 353, 332, 324, 504, 506 of the Indian Penal Code; (ii) CR No. 558/2021 registered with Akkalkot South Police Station for offence punishable under Sec. 3 of The Police Act and (iii) CR No. 706/2021 registered with Akkalkot South Police Station for offence punishable under Sec. 4 and 5 of The Maharashtra Prevention of Gambling Act, 1887.