GOVERNMENT OF A P Vs. KWALITY

JUDGEMENT

(1.) These two Writ Appeals filed by the Government of Andhra Pradesh and the Commissioner of Palice, are directed against the common judgment of our learned brother, Madhava Reddy, J., allowing the writ petitions filed by the respondents.

(2.) The material facts are:-The respondents in these two Writ Appeals are two partnerhip firms carrying on hotel and restaurant business. The respondents in Writ Appeal No. 105 of 1973 run their hotel and restaurant business at Secunderabad under the name and style "Kwality" and the respondents in Writ Appeal No. 46 of 1974 at Hyderabad, under the name and style of "3-Aces". Under licences issued to them by the Commissioner of Police under rule 106 of the "Rules relating to places of public amusement in the City of Hyderabad, 1351-Fasli" (hereinafter called "the Rules"), framed by the Commissioner of Police in exercise of the powers conferred on him by section 21 of the Hyderabad City Police Act, 1348- Fasli (hereinafter called "the Act") and with the prior assent of the H.E.H. The Nizam's Government the respondents have been conducting cabaret dance performances in their respective hotel and restaurant premises, upto the year 1972. When the respondents applied for licences in in August , 1972, the Commissioner of Police refused licences to them by his letters dated 3rd August, 1972, both of which are identically worded. They read as under :-

(3.) In Writ Petition Nos.3804 and 3808 of 1972 filed by them in this Court, the respondents in these Writ Appeals challenged the legality of the orders issued by the Commissioner of Police refusing licences to them to hold cabaret dances in their restaurant premises. By his common order dated 22nd September, 1972, Madhava Reddy, J. allowed the writ petitions and quashed the impugned orders. The learned Judge held that : (i) the condition imposed in the licences already granted that there shall be no dance performance, is void; (ii) the respondents are entitled to conduct any dance performances whatsoever which do not contravene any of the provisions of the Act or the Rules; and (Hi) the respondents are entitled to obtain licences for such period as they deem fit, provided such period does not exceed beyond 30th Abari of that year and that, for any period beyond that date they would be entitled to apply afresh and those applications have to be disposed of in accordance with law and in the light of the observations, made in his order.