1 WPL-1752/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1752 OF 2011 Shivraj Hotels and Resorts Pvt. Ltd. : Petitioners versus State of Maharashtra and ors. : Respondents. Mr R D Soni with Mr. Sanjay Gawade i/by Ram & Co. for the Petitioners. Mr. Shekhar Ingawale, AGP for the State/Respondents. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 23rd August 2011 P.C. 1 By way of this writ Petition, the Petitioners, Shivraj Hotels & Resorts Pvt. Ltd., pray that the Respondents-Police Officers may be directed not to harass the Petitioners and may not stop or prohibit the Petitioners from performing orchestra in their establishment viz. Shivraj Hotels & Resorts Pvt. Ltd. The Petitioners-company is running a hotel Shivraj Hotels & Resorts in Malad (W) area in the city of Mumbai. The grievance of the Petitioners is that the Police Officers are harassing the Petitioners and they are not allowing the Petitioners to play orchestra in the said hotel and there is obstruction from them. It is the grievance of the Petitioners that even though a licence was obtained by the Petitioners through one of its Directors, however, the authorities are not considering the said licence as valid licence since Mr.Poojari is no longer a Director. 2 WPL-1752/11 2 The learned Assistant Government Pleader submitted that the license was granted in the individual name of one of the Directors of the Petitioners, viz. Poojari and the same was not given in favour of the Petitioners Company. The licence is produced on record at Exhibit-D, Page 33 of the Petition, which shows that the licence is granted to Shri Shivram Poojari authorising him to keep a place of public entertainment viz. M/s. Shivraj Hotels & Resorts Pvt. Ltd (Old name Ocean Touch) in House No. Shop No.14, 15, 16 situated at B-101, Kamda Nagar, Chincholi Bandra Road, Malad(W), Mumbai in Brihan Mumbai between 05.30 am (S.T.) in the morning and 01.30 am (ST) in the night every day until 31st March 2010. If the petitioners want to rely on any documents, they may submit the same and if an enquiry is contemplated by the Department, the petitioners may co-operate with such inquiry in order to facilitate the department to take an appropriate decision in connection with issuing of individual license on the basis of such an application. 3 Since the licence in question is granted in the name of an individual person, no fault can be found with the authority in not recognizing the licence. In view of the same, the Petitioners are now permitted to apply for a fresh licence regarding public entertainment within a period of one week from today. In our view, it is necessary to mention the name of the person in whose favour the licence can be given so that if any occasion arises for prosecuting any person in connection with the business of hotel, the police 3 WPL-1752/11 authorities may take appropriate action against such person. 4 During the course of arguments, the learned AGP pointed out that in the hotel in question lady waitresses were found after 3.30 a.m. at night. Mr. Soni, the learned counsel appearing for the Petitioners objected to the same on the ground that the said allegations are false. It is required to be noted that so many cases are coming up before the Court wherein there is a dispute as to whether a particular hotel has conducted its activities beyond the stipulated time mentioned in the license. The hotel owners are denying these allegations that they have continued the particular activities beyond the stipulated time mentioned in the license and allegations have been made against police authorities that they are harassing the hotel owners. In our view, the police authorities can meet with such an eventuality by having recourse to modern technology by video shooting during their visit which will help them to record the presence of lady waitresses in the hotel beyond the stipulated time as well as the actual time up to which orchestra was conducted. We fail to understand as to why modern technology cannot be used by the police machinery at the time of raiding the premises so as to avoid any disputes as regards the prescribed time beyond which any particular activity is conducted by a particular hotel, the nature of activities can also be reflected in such video shooting and from the same one can easily find out if any objectionable activities have been carried out in a particular hotel with the help of such video shooting. The department may consider this aspect and may 4 WPL-1752/11 give appropriate direction in this behalf to the police. Copy of this order to be sent to the Addl. Chief Secretary, Home Department, State of Maharashtra and the Commissioner of Police, Mumbai to consider this aspect and to give appropriate directions to the police party to use modern technology i.e. video shooting at the time of raiding the hotel/restaurant so that it can very well be established from the video shooting the presence of lady waitresses as well as any other objectionable activities carried out by any particular hotel beyond the stipulated time. 5 The petition is accordingly disposed of with the aforesaid directions. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]