DATWANI HOTELS PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners by this writ petition under Article 226 of the Constitution of India seek to challenge the two orders (i) dated 9-4-1985 (Ex. D) and dated 24-6-1986 (Ex. N.). Both these orders are passed by the third Respondent the Commissioner of Police, Bombay.

(2.) It is needless to set out the averments in the petition in detail since this writ petition can be disposed of only on the short ground that the impugned orders suffer from non-observance of principles of natural justice being arbitrary and in total disregard to the procedure prescribed by law. In order to appreciate the rival contentions, I may mention few facts which are necessary for disposal of this writ petition.

(3.) It is no more in dispute that the petitioners are purchasers of a running business from one Ghanashyam Sevakramani and Vijay Sevakramani under the consent terms filed in a suit pending in this Court sometime in the year 1982. On 11th February, 1984 the 2nd petitioner wrote a letter (Ex. A) to the Assistant Commissioner of Police, Vile Parle, Bombay, stating therein that till this date, police licence under section 33(1)(w)(i) of the Bombay Police Act was standing in the name of the previous owner and since they have purchased the said Hotel, the licence be transferred and renewed in their name. It appears that this application was sent to the Inspector of Police, Vile Parle Police Station for necessary investigation. The Inspector of Police, accordingly on 3rd April, 1984 wrote to the petitioners to remain present on 4th April, 1984 in his office. The petitioner No. 2 did attend the office of the Inspector of Police, Vile Parle Police Station on that day. However, after expiry of one year on or about 9th April, 1985, the petitioners received a letter from the Commissioner of Police informing them :