1 WP No.2061/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2061 OF 2011 Ramesh Gopinath Tandel ..Petitioner Versus State of Maharashtra and others. ..Respondents Shri J.K.Hegde, Advocate for the Petitioner. Mr A.I.Patel,AGP, for respondent nos 1 to 4. CORAM : S.C.DHARMADHIKARI, J. Date : 15th June, 2011. P.C.: 1. This is not a fit case to interfere with the order of suspension of permission passed by the Authority. The permission is granted to conduct an orchestra in the petitioner's establishment. 2. The grievance of the petitioner is, firstly, that no adequate and reasonable opportunity of being heard was given and, secondly, despite the impugned order the petitioner's license has, now, been renewed. Thirdly, no particulars of the cases against the petitioner and his establishment have been furnished. 3. I do not see any substance in each of these contentions. There is no statement in the petition that the petitioner was unaware of the date of hearing of the appeal. The appellate authority has observed that the appeal was listed on T 2 WP No.2061/2011 two occasions, firstly, on 10.1.2011 and on 7.2.2011. Neither the petitioner nor any representative of the petitioner was present. Therefore, the argument that no adequate notice and reasonable opportunity was given to the petitioner, is not at all well founded. 4. The petitioner has made reference to cases which are 44 in number, and arising out of sections 110,112 and 117 of the Bombay Police Act, 1951 and five cases under the said same enactment for violation of the regulations and particularly regulation no.33(w). This reference is made in the reply to the show cause notice by the petitioner himself. If these cases are not registered against the petitioner, there was no occasion for the petitioner to have made any reference to them. Thirdly, the renewal is of the license to keep open a place of public entertainment. That is hardly of any relevance. The renewal is subject to certain terms and conditions and in the present case the show cause notice pertains to conducting of an orchestra and in that the petitioner has been found to have violated the terms and conditions of the license. This is clear from the concurrent findings rendered in the impugned orders. They are based on the material produced and are not vitiated by any perversity. In these circumstances, there is no substance in the petition and it is accordingly dismissed. Even the fundamental right guaranteed by Article 19(1)(g) of the Constitution of India is subject to reasonable restriction. In such circumstances, there is no reason to decide any wider controversy. The petition is dismissed. No costs. (S.C. Dharmadhikari, J.)