- 1 - 906-wp-7848-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7848 OF 2011 Shri Suresh M. Mali .. Petitioner. V/s. The State of Maharashtra & Others. .. Respondents. Mr. J. K. Hegde, for the Petitioner. Ms. P. S. Cardozo, AGP for Respondent Nos.1 to 4. CORAM: G.S.GODBOLE,J. DATE : 24th NOVEMBER, 2011. P.C:- 1 RULE. Rule made returnable forthwith. Ms. Cardozo waives service for Respondents. Heard by consent of the parties. 2 The Petitioner is issued three licenses by the Licensing Authority. The first license for Eating House has been issued under Section 33 (x a) of the Bombay Police Act, 1951. Second license issued to open and keep the place for Public Entertainment under Section 33 (1) (w) of the said Act and third license is issued to play the orchestra. - 2 - 906-wp-7848-2011 3 In the inspection conducted on 29th September, 2010 all the 18 lady waitresses were found engaged in indecent behaviour which resulted in filing of Local Act Offence bearing Nos. 209 of 2010 to 226 of 2010 under Section 110 and 117 of the Bombay Police Act, 1951. Another complaint bearing Local Act Offence No.208 of 2010 was filed against the Petitioner-Owner as Manager and waitresses(in all 15 persons) under Section 129 r/w Section 33(w)(1)(x). 4 In the first set of complaints, all the waitresses were convicted and since the fact that they were making obscene gestures has been duly proved, all of them were fined Rs. 300/- each. 5 A show cause notice was issued on 27th October, 2010 to the Petitioner to cancel all the licenses issued to him. The Petitioner sent reply to the said notice on 8th November, 2010 in which fact of 18 waitresses being found is not disputed. The Commissioner of Police, Thane thereafter, passed an order on 5th January, 2011 and only the license to keep the place of Public Entertainment was suspended for a period of 90 days. This order has been confirmed in the Appeal filed by the State Government, giving rise to the Writ Petition. - 3 - 906-wp-7848-2011 6 One of the contentions advanced by Mr. Hegde is to the effect that since the license has been renewed from till 31st December, 2011, on 30th December, 2010, the show cause notice has been waived. I do not agree with this submission. Merely because the show cause notice was pending, the Application seeking renewal of license could not have been rejected. 7 Considering the fact that in this case the Commissioner of Police, Thane has not recorded any independent reasons, on that solidarity ground alone and not on merits, Writ Petition deserves to succeed. A perusal of the impugned order dated 14th January, 2011 indicates that the order reproduce the facts recorded at the time of the incident, the contents of the show cause notice and the submission of the Petitioner during course of the hearing and virtually no reasons are recorded save and except some reasons in paragraph 7 of the Judgment. If the authority passes an order having civil consequences, reasons must be recorded in support of the said order. In the absence of the reasons, judicial review of such order become meaningless. Hence, I have no other option but to set aside the impugned order and remand the matter back to the Commissioner of Police, Thane to pass an order in accordance with law. - 4 - 906-wp-7848-2011 8 With a view to ensure that a chance to raise technical arguments is not given to the Petitioner; the Commissioner of Police, Thane is directed to supply all the documents like the report received by the Commissioner of Police as Licensing Authority from the subordinate Police Officer, copy of the Panchanama of the incident, the entire proceeding of Local Act Offence bearing Nos. 209 of 2010 to 226 of 2010 and the Judgment delivered by the Magistrate and the relevant papers in Local Act Offence bearing No. 208 of 2010 which is pending. This exercise shall be completed within a period of 15 days from today. If the Petitioner desires to file any additional reply, which cannot be inconsistent with the earlier reply, Petitioner can file said reply within a period of one week thereafter and the entire proceeding is to be finally decided on or before 7th January, 2012. 9 It is made clear that though the entire impugned order is set aside, the same is set aside only on account of the lack of reasons and not on merits of controversy and this order should not construed to be an order accepting the contentions of the Petitioner about the merits of the controversy. 10 Consequently, the impugned Judgment and Order dated 2nd - 5 - 906-wp-7848-2011 September, 2011 passed by the Hon'ble Minister (Home Affairs), Government of Maharashtra in Appeal (Exhibit – G) to this Petition is also quashed and set aside. 11 Rule made absolute in the aforesaid terms with no order as to costs. (G.S.GODBOLE,J.)