THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22654 of 2009 DATE:22.10.2009 Between: Singature Bar & Restaurant, rep. by its proprietor, Malakpeta, Hyderabad. ... Petitioner and The Commissioner of Police, Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22654 of 2009 ORDER: This writ petition is filed by the petitioner concern seeking a Writ of Mandamus to declare the action of 1st respondent in not passing any order on its representation dated 16.01.2008 and in not permitting it to conduct live band/orchestra with male and female singers in the restaurant hours, 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 "Singature Bar & Restaurant" at Malakpet, 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 and it does not come under the "place of public amusement". Hence, it made a representation to the respondents requesting them not to interfere with its activities. But, the respondents have not passed any order on its representation so far, and on the other hand, they are interfering with its activities and threatening to book a case under Section 294 of IPC, if the amusement licence is not obtained. The same is questioned in this 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 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 1st respondent not to interfere with the petitioner’s business activity i.e. use of live band or other instruments of music in the Bar and Restaurant, pending consideration of its representation. If the petitioner has not given any representation, it is hereby directed to submit a representation within two weeks from today, and on such representation, the respondents shall consider the same and pass appropriate orders thereon, within a period of two (2) weeks thereafter. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 22nd October, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22654 of 2009 (Disposed of) 22nd October, 2009 CBS