SM 1 2.wp.1350.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1350 OF 2011 M/s. Gypsy Hotel Bar and Restaurant ....Petitioner Versus State of Maharashtra through Home Ministry ....Respondent ____________ Mr. Dinesh C. Shah for the Petitioner. Mr. D. R. More, APP for the Respondent-State. CORAM: B. R. GAVAI, J. DATED : 1ST AUGUST, 2011. P.C.: Rule. Rule is made returnable forthwith. Heard by consent of the parties. 2. By way of present petition, the petitioner challenges the order dated 30th March, 2011, vide which, the appeal filed by the present petitioner challenging the order passed by the Deputy Commissioner of Police dated 14th December, 2010 rejecting the application filed by the present petitioner for grant of 'Performance Licence', came to be rejected. 3. The perusal of both the orders would reveal that the petitioner's application for 'Performance Licence' has been rejected on the ground that the same is within a distance of 75 mtrs. from another licensee, i.e., M/s. Urvashi Bar and Restaurant. The second ground is that there is no parking place available. The same order has been confirmed in appeal by the Hon'ble Minister. SM 2 2.wp.1350.11 4. From the affidavit placed on record, and also the report dated 1st August, 2011 which would reveal that the distance between the two restaurants is of 90 mtrs. The requirement under the rules that, it will not be less than 75 mtrs. 5. It appears that the impugned order has been passed by not taking into consideration the factual position. Thus, it appears that the order passed is with total non application of mind. Petition deserves to be allowed on this short ground alone. 6. Rule is made absolute in terms of prayer clauses (a) and (b). 7. The report of the concerned police officer alongwith the map is taken on record and marked 'X' for identification. The necessary licence to be issued within a period of two weeks from today. (B. R. GAVAI, J.)