wp1378­11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1378 OF 2011 Chetan V. Sheregar .. Petitioner Versus District Collector, Kolhapur .. Respondent Mr.Anand S. Patil for petitioner Mr.S.N.Bhosale, AGP for respondent Nos. 1 to 4. CORAM : S.C.DHARMADHIKARI, J. 6th JUNE 2011. P.C.: 1] Petitioner’s application for issuance of licence to set up a Video parlour has been rejected, which rejection is confirmed by the appellate authority. Hence, this petition under Articles 226 and 227 of the Constitution. 2] With the consent of both learned Advocates, the petition is disposed of finally. Hence, Rule. Learned AGP waives service. 3] My attention is invited to the report of Chandgadh police station Exh.E page 18 of the paperbook, which states that within a distance of 100 to 125 meters from the proposed video parlour, there is a old S.T. stand, office of ZP’s construction division, Mahatma Phule wp1378­11.doc 2 Vidyarthi Vasatigriha so also kerosene depot. There are other shops. Further it is stated that in the parlour there will be machines installed wherein people shall insert coins and play the video game. This is nothing but indirect gambling and, therefore, grant of permission of the nature sought by the petitioner would give rise to law and order problem in future. 4] Upon a query from the Court as to whether reliance on the contents of the report to reject the application is permissible, bearing in mind the provisions of Bombay Police Act and Rules and Regulations so also the guidelines, the Learned AGP was unable to point out anything which would enable the Authority to rely upon such a report. From a reading of the report of the District Superintendent of Land Records, it appears that what the guidelines envisage is to whether there is any religious place, educational institution, hospital within the radius of 75 meters from the proposed site. The instant report is silent and does not refer to any of such institutions or activities within the radius specified. Instead, it seeks to rely upon some general observations. Further, learned Advocate appearing for petitioner submits that Chandgadh is a taluka place and there cannot be any ZP office much less construction division. wp1378­11.doc 3 5] Be that as it may. The contents of the report dated 3rd October 2007 could not have been the basis or foundation while rejecting the application for grant of licence. That the authorities have only relied upon the contents of this report is apparent from a reading of the impugned order. When that course is impermissible in law, this petition is entitled to succeed. Petition is thus allowed. Rule is made absolute in terms of prayer clause (b) but it is clarified that this Court has not directed issuance of licence to start a video game parlour to the petitioner by this order but has only directed that the application of the petitioner be considered afresh in accordance with law without being influenced by the report of Chandgadh police station. 6] In other words, Rule is made absolute to the extent of quashing and setting aside the orders impugned in the petition and restoring the application for grant of licence to the file of licensing authority. The licensing authority should now consider this application and pass appropriate order thereon after hearing petitioner within four weeks from today. While considering the application the licensing authority shall not rely upon the contents of the report of the Chandgadh police station which has been referred to in this order and a copy of which is at Exh.E page 18 of paper book. wp1378­11.doc 4 7] Since the Court has clarified the matter in this manner, it should not be construed that the Court has in any manner prohibited the police authorities from inspecting the site and forwarding another report. It is for the licensing authority to obtain any report in terms of the guidelines and applicable rules while it considers the application. With these clarifications, the petition is allowed. Rule is made absolute as aforeindicated. No orders as to costs. (S.C.DHARMADHIKARI, J)