PANDHARINATH SAKHARAM CHOUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with consent of the counsel for both the parties, the petition is taken up for final hearing immediately.

(2.) Heard the learned counsel for both the parties.

(3.) Petitioner was granted a licence by the District Magistrate, Nashik for running a lodging house in the name and style as 'swagat lodge' at Nashik. The said licence was cancelled by the police commissioner by an order dated 7/14th February, 2005. As per the said order, on 25-8-2004 at 19. 05 hours, the said lodge was raided by the police. At that time, the petitioner was not present and the lodge was being run by Vilas Vinayak Salve and Sharad patil. They were using the lodge for the purpose of prostitution. At the time of raid, eight women and five men were present and the business of prostitution was going on. In view of this, the offence under the Immoral Traffic (Prevention) Act, 1956 came to be registered. After registration of the said offence, the notice dated 6-12-2004 was issued to the present petitioner contending that he had allowed Vilas Vinayak salve and Sharad N. Patil to run the lodge in violation of the terms and conditions of the license and he was called upon to show cause as to why his license should not be cancelled. Petitioner submitted his reply to the said notice on 17-12-2004. After perusal of explanation given by the petitioner, the Police Commissioner came to conclusion that the explanation was not satisfactory. In the result, he passed the impugned order revoking the license issued in favour of the petitioner. This order was challenged by the petitioner before the government and after hearing the petitioner, the learned Home Minister dismissed the appeal. Therefore, the petitioner has filed this petition.