THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No : 3003 of 2010 DATED:11-02-2010 Between: M/s Devina Restaurant & Bar, Premises bearing No.8-3-215/3/8-13, Ameerpet, Hyderabad. ..... PETITIONER AND The Commissioner of Police, Hyderabad and 3 others. .....RESPONDENTS ORDER: This writ petition is filed by the petitioner concern seeking a Writ of Mandamus to declare the inaction of the 1st respondent in not passing orders on its applications dated 06-02-2010 & 09-02- 2010 for grant of entertainment licence and also permitting the petitioner to conduct its Restaurant & Bar business with live band/orchestra with male and female singers in its premises, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that it is a proprietory concern and running a Bar and Restaurant in the name and style of "M/s Devina Restaurant & Bar" at Ameerpet, Hyderabad, and it has all the required licenses. While so, the respondents are insisting it to take an amusement licence, though the same is not required under law, and also not allowing it to conduct singing and music with male and female singers in its premises. Hence, it made representations to the 1st respondent on 06-02-2010 & 09- 02-2010 requesting him to grant entertainment licence, but, no orders have yet been passed on its representation. Being aggrieved by the same, it approached this Court and filed the present writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 4. During the course of arguments, the learned counsel for the petitioner has drawn the attention of this Court to a judgment dated 23.12.2005 passed by the Division Bench of this Court in W.A.Nos.2545 of 2005 and batch, wherein the Division Bench directed the 1st respondent herein to pass appropriate orders on the representations of the appellants therein, within two weeks, and till such time, the appellants therein were allowed to carry on their activities, in accordance with the licences granted for running Bar and Restaurant. The respondents therein were also directed not to interfere with the activities of the appellants therein, if they use live band or other instruments of music in the Bar and Restaurant. 5. In the light of the said judgment, this Court is of the view that this writ petition also can be disposed of with a similar direction, as the one passed by the Division Bench of this Court referred to above. 6. Accordingly, this writ petition is disposed of directing the respondents to consider the representations of the petitioner dated 06-02-2010 & 09-02-2010 and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. The respondents are also directed not to interfere with the petitioner’s business activity i.e. use of live band or other instruments of music in its premises, pending consideration of its representations. There shall be no order as to costs. ________________________________ GOPALA KRISHNA TAMADA, J 11th February, 2010. Note: Issue Wire at party’s costs. B/o Tsy