Cancellation of a restaurant's performance license was challenged as being based on conjecture, with no seizure, panchanama or statement from the raid, and reliance on past offences contrary to a Government Resolution. The Court quashed the show cause notice, cancellation order and appellate order, reviving the license.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
906-IA-1980-2024.doc
VASANT ANANDRAO IDHOL
Digitally signed by VASANT ANANDRAO IDHOL Date: 2024.07.25 19:45:46 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1980 OF 2024 IN
WRIT PETITION NO. 1281 OF 2024 WITH
WRIT PETITION NO. 1281 OF 2024
M/s Crazy Boys Restaurant And Bar ...Applicant / ...Petitioner
Versus State Of Maharashtra And Ors. ...Respondents
Mr.R.D. Soni with Mr.Sujay Gawade and Ms.Sumedha Dhopate and Mr.Mudita Pawar i/b Shree & Co. for the Applicant / Petitioner. Mr.P.G. Sawant,A.G.P. for the Respondent – State.
P.C.:
The petition questions the order dated 30.10.23 (Page 52) by which the performance license dated 18.02.2015 granted to the petitioner (page 22) has been cancelled by the respondent No.3 on the ground of violation of the terms of the license. (page 59). An appeal carried to respondent No.2 , has also been turned
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906-IA-1980-2024.doc
down by an order dated 19.01.2024 (page 88).
both the orders, suffer from non-application of mind, to the contentions raised by the petitioner, as well as in absence of consideration of any material, to indicate that there was violation of the rules or the conditions of the license, based upon acceptable material, which mented consideration in law. It is submitted that the impugned order does not indicate which condition of the license has been contravened and in what manner and both the impugned orders proceed on a general proposition, which is based upon conjunctures and surmises and not upon any material, which can said to be permissible to be taken into consideration. He further relies upon the judgment in the case of Krishna B. Shetty vs. State of Maharashtra & Anr. in Writ Petition No.2246 of 2024 dated 16.07.2024 in support of his contention.
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906-IA-1980-2024.doc
issued by “Rangbhumi Prayog Parinirikshan Mandal” in terms of clause 3 (page 22) of the aforesaid license. He further contends that, clause 9 of the license prohibited mixing of orchestra performers with the customer and so also clause 10 prohibited any profane or improper language, or indecency of dress movement or gesture. He therefore, submits that it was the obligation of the petitioner to conduct the performance in terms of the license, which has not been so done, on account of which the license has been permanently cancelled.
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906-IA-1980-2024.doc
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as a result of which, the license of the petitioner establishment would stand revived. In case it is found, subsequent thereto that there are any breaches of terms of the license or the rules applicable in that regard, it would be open to the respondents, to initiate appropriate action permissible in law.
(AVINASH G. GHAROTE, J.)
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2 issues framed by the court
Whether the cancellation and appellate orders were unsustainable for want of material showing violation of license conditions?
Whether past offences could justify cancelling a performance license contrary to the Government Resolution dated 23.01.2009?
Colour shows how this judgement treated each authority
Krishna B. Shetty vs. State of Maharashtra & Anr.Relied on¶5
Writ Petition No.2246 of 2024 dated 16.07.2024
M/s Crazy Boys Restaurant And Bar
State Of Maharashtra
Avinash G. Gharote
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
