Collector refused to renew the petitioner's premises licence for a video game parlour citing lack of separate customer parking. Following an identical earlier Bombay High Court Nagpur Bench decision, the court quashed the refusal order and directed the Collector to renew the licence in accordance with the rules.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition (WP) No. 3003 of 2024
Ashokkumar Gupta
Versus
The State of Maharashtra, through Collector, Chandrapur and another
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Shri M.Anilkumar, Advocate along with Shri Yash Kullarwar, Advocate for the petitioner. Shri Devendra Chauhan, Senior Advocate and Government Pleader assisted by Mrs. Mrunal Naik, AGP for the respondents/State
CORAM : N.R.BORKAR, J. DATED : 27th NOVEMBER, 2024.
This petition takes exception to the order dated 26th February, 2024 passed by the respondent no.1-Collector, Chandrapur.
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including Cabaret Performance Discotheque, Games, Pool Games Parlours, Amusement Parlours Providing Computer Games, Virtual Reality Games, Cyber Cafes, Games with Net Connectivity, Bowling Alleys, Card Rooms, Social Clubs, Sports, Melas and Tamashas Rules, 1960.
“10. The order issued by the Competent Authority dated 15.11.2023 would go to show that the license is cancelled only on one ground i.e. no separate parking space provided for the customers attending the parlour. Thus, it is clear from the record that license is cancelled only on the ground of want of parking space provided by the petitioner.
11. The ratio laid down in the above decision would clearly reveal that such ground is not available with
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the concerned authorities for cancellation of license.
On this ground alone, the petition needs to be allowed. Accordingly, the impugned order is quashed and set aside.
terms.
[N.R.BORKAR, J.]
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1 issue framed by the court
Whether the Collector could refuse renewal of a video game parlour premises licence solely on the ground of absence of a separate parking place.
Colour shows how this judgement treated each authority
writ petition no. 136 of 2014 and other connected petitions decided on 22nd March, 2024Followed¶6
1 provisions across 1 enactments
Ashokkumar Gupta
The State of Maharashtra, through Collector, Chandrapur
Respondent no.2
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
