SAVITABEN R PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. Mr. Kansare, Assistant Government Pleader waives service for respondents. By consent, rule is heard and disposed of at this stage.

(2.) IT is the case of the Petitioner that she is running a restaurant by name Hotel Nightingale, situated at Alli Manzil, Ground floor, 11, Nassarwanji Petit Street, Behind Apsara Cinema, Grant Road, Mumbai - 400 007. The petitioner is possessed of a due licence for running such restaurant. The petitioner has stated in the Writ petition that in the restaurant, the petitioner caters to the needs of customers by providing food and drinks and by way of an ancillary activity allows performance of band and dance on recorded music. The petitioner states that since the said activity is an ancillary activity, no licence under the Bombay Police Act is required and, therefore, appropriate directions are sought in this writ petition.

(3.) IN view of the submission made by the learned counsel for the parties, Rule is disposed of by passing the following order: (i) The Respondent No.2 - Commissioner of Police shall hear and decide the Application dated 10th December 1998 made by the Petitioner for grant of due licence under the Bombay Police Act within four weeks from today. (ii) The respondents, through their officers, servants and/or agents are restrained from interfering with the petitioner for the performance of band and dance on recorded music in the aforesaid restaurant run by the petitioner on the ground that the petitioner does not possess licence under the Bombay Police Act, for a period of six weeks from today. (iii) IN case, the petitioner is aggrieved by the Order of the Commissioner of Police, it would be open to the Petitioner to challenge the same in an appeal before the competent appellate authority in accordance with law. No costs. Certified copy expedited. Order accordingly.