FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8152 OF 2006 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. 2 In terms of the order dated 14th January, 2010, the Respondent No.5 has submitted report dated 25th January, 2010. On perusal of the said report, it appears that on surprise visits made it has been noticed that the respondents No.8 and 9 are conducting restaurant business and offering only vegetarian food from the premises in question. However, it is noticed that eatery licence in favour of the said respondents had expired in 2008. Obviously, the business of restaurant or eating place can be permitted only if the Municipal Council were to authorize such business by issuing licence in favour of the concerned person. 3 The Counsel appearing for the Municipal Council states on instructions that immediate remedial steps will be taken against the restaurant run by the respondents No.8 and 9 and they will not be allowed to do any business of eatery until formal licence is issued in their favour. 4 The Counsel appearing for the respondents No.8 and 9 undertakes that they shall not engage themselves in the business of restaurant or eating place until formal licence is issued by the competent authority in that behalf. The undertaking given by the said respondents through Counsel is accepted. 5 We have noticed that in the past when raids were conducted in the premises of respondents no.8 and 9, beer bottles and other offending items were found in the premises as is noted in the complaint dated 16th July, 2000. We would accept the statement made across the Bar by the said respondents through Counsel that as of now they are not indulging in illegal business. We are also accepting the undertaking given through Counsel that until formal licence is issued in favour of respondents No.8 and 9, they will not conduct any business from the premises in question and further that even after issuance of licence, they will abide by the conditions of licence in all respect. 6 In view of the assurance given, nothing further requires to be done in the present petition except to observe that as and when the petitioners come across the situation to indicate that respondents No.8 and 9 have breached the licence conditions, that fact may be reported directly to the Chief Officer of the Municipal Council. The Chief Officer, Municipal Council through Counsel assures to take immediate remedial action on the basis of any complaint that were to be received from the petitioners. The action will be taken on the same day and if necessary, by making surprise visits by the Chief Officer himself or any Officer deputed by him not below the rank of Office Superintendent. The Police authorities, whenever called upon by the Chief Officer of the Municipal Council, shall extend necessary co-operation to take appropriate action against respondents No.8 and 9, in particular. Petition disposed of on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 28.01.2010. PLK/*