-: 1 :- wp-7881/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7188 OF 2011 Ashok Duja Devadiga. ..Petitioner. Versus State of Maharashtra & Anr. ..Respondents. Mr. B. D. Joshi i/b Mr. Girish Paryani for the petitioner. Ms. P. S. Cardozo, AGP for R-1 & 2. Coram : RANJIT MORE, J. Date : September 27, 2011. P. C. : 1. The Lodging and Boarding Licence was granted to one Mr. Ajay Advani to run business of lodging and boarding in the name of “Seema International Lodging and Boarding” situated at Near Sapna Talkies, Furniture Market, Ulhasnagar, Thane [for short “the said Hotel”]. The petitioner is conductor of the said business. Police conducted raid on the said Hotel at about 20.25 hours on 11/11/2010. Eight persons were found gambling in Room no.504. The panchanama was prepared and thereafter crime was registered against the petitioner and Manager of the said Hotel under the Prevention of Gambling Act and criminal case being CC No. 679 of 2011 before the srp -: 2 :- wp-7881/11 JMFC, Ulhasnagar is pending. 2. The Police Commissioner, Thane independently proceeded against the said Hotel under the provisions of Bombay Police Act, 1951 and Rules made thereunder. The show cause notice was given on 9/11/2010 for breach of conditions of Lodging and Boarding Licence. The petitioner was heard and ultimately by the order dated 25/7/2011 Lodging and Boarding Licence in respect of the said Hotel is cancelled. This order is confirmed by respondent no.2 in an appeal. 3. The licence holder and owner of the said Hotel, he is not staying in India. The petitioner is the Conductor of the said Hotel. There is no dispute that incident dated 11/11/2010, in which some of the persons were found gambling in Room no. 504 of the said Hotel, is the first criminal incident against the petitioner. The petitioner has also given Undertaking, on his own behalf and on behalf of licence-holder, i.e., Mr. Ajay Advani before me, to abide by the licence conditions in future. The Undertaking is taken on record and marked “X” for identification. Undertaking is accepted. 4. Taking into consideration the gravity of breach of -: 3 :- wp-7881/11 conditions of licence and the fact that for the said incident the petitioner is also facing criminal trial, the punishment of cancellation of Lodging and Boarding Licence would be very harsh. The punishment of cancellation of Lodging and Boarding Licence for breach of licence conditions, namely, eight persons were found gambling in the said Hotel is disproportionate. The appropriate punishment for violation of conditions of licence mentioned above would be suspension of licence for a particular period. In the present case, suspension of Lodging and Boarding Licence for the period of two months would be commensurate with the seriousness of alleged breach. In these circumstances, petition is disposed of by passing following order. (i) The order of the Police Commissioner, Thane passed on 25/7/2011 as well as order passed by the Appellate Authority on 25/8/2011 in appeal, are hereby quashed and set aside (ii) The Lodging and Boarding Licence of Seema International Lodging and Boarding situated at Near Sapna Talkies, Furniture Market, Ulhasnagar, Thane is suspended for the period of two months from 25/7/2011 by way of substitution of the above orders. -: 4 :- wp-7881/11 (iii) Criminal Case No. 679 of 2011 pending before the JMFC, Ulhasnagar filed against the petitioner and Manager of the said Hotel shall be heard by the said Court independently, on its own merits and without being influenced by the present order. (RANJIT MORE, J.)