..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2516 OF 2008 Shri.Devakar Babu Shetty. ..Petitioner. Versus State of Maharashtra and others. ..Respondents. .... Mr.A.M.Bhalerao Advocate for the petitioner. Ms.A.A.Mane, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 3rd December, 2008. DATED : 3rd December, 2008. DATED : 3rd December, 2008. P.C.: 1. Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner operates Shivsagar Veg. Restaurant which is situated at Jadhav Market, Badlapur (West). The respondent No.2 i.e. A.C.P., Ambarnath Division, District : Thane sent a notice letter dated 11/14th April, 2008 to the petitioner. It is seen that the main ground in the notice is that the petitioner has not produced the requisite NOC from the Fire Brigade Department. Hence respondent No.2 called upon the petitioner to show cause as to why the licence of his restaurant should not be ..(2).. cancelled if he does not produce the required NOC from the Fire Department. 3. The petitioner challenged the said order before the Home Department however, the appeal filed by the petitioner came to be dismissed on 21st October, 2008. Hence this Petition. It may be stated that thereafter the restaurant came to be sealed, the petitioner is also aggrieved by this fact. 4. The learned Advocate for the petitioner states that it is not possible for him to get NOC from the Fire Brigade Department. He has submitted that he is taking all possible care to ensure that there will be no untoward incident in the premises of his restaurant. However, as per the rules it is seen that the NOC from the Fire Brigade Department is mandatory. Even otherwise, keeping in mind the safety of the workers and the customers in the restaurant, it would be necessary that the petitioner has an NOC from the Fire Brigade Department as required under the rules. In view of the fact that the petitioner was unable to produce the required NOC from the Fire Department, no fault can be found with the authorities for not renewing the licence of the ..(3).. petitioner and thereafter sealing the premises. So also no fault can be found with the appellate authority in dismissing the appeal. No interference is called for. Writ Petition is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)