THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1619 of 2010 DATE:01.02.2010 Between: M/s. Kaveri Restaurant & Bar, represented by its owner, Hydernagar, Kukatpally Municipality, R.R. District. ... Petitioner and The Commissioner of Police, Cyberabad, Gachibowly, Hyderabad, and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1619 of 2010 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 his application dated 23.01.2010 and in not permitting him 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 he is running a Bar and Restaurant in the name and style of "M/s. Kaveri Restaurant and Bar" at Hydernagar, Kukatpally Municipality, R.R. District, and he has all the required licenses. While so, the respondents are insisting him to take an amusement licence, though the same is not required and his Bar and Restaurant does not come under the "place of public amusement". Hence, he made an application to the respondents on 23.01.2010 requesting them not to interfere with his activities. But, the respondents have not passed any order on his application so far, and on the other hand, they are interfering with his 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 respondents to consider the application of the petitioner dated 23.01.2010 and pass appropriate orders thereon, 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 the Bar and Restaurant, pending consideration of his application. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 1st February, 2010 Note: Furnish C.C. by two days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1619 of 2010 (Disposed of) 1st February, 2010 Note: Furnish C.C. by two days. (b/o) CBS