1 wp 4055.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4055 OF 2011 Anandsagar Bahuddeshiya Social Krida Mandal (Sanstha), Aurangabad, Through its President, Gorakhnath Abaji Waghmare, Age : 42 Years, Occu.: Business, R/o Rawaspura, Maji Sainik Colony, Padhegaon, Tq. & Dist. Aurangabad. .. .. Petitioner Versus 1. The State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai - 32. 2. The Hon'ble Minister for Home Department, Maharashtra State, Mantralaya, Mumbai. 3. The Commissioner of Police, Aurangabad, Dist. Aurangabad. .. .. Respondent Shri R. N. Dhorde, Advocate h/f Shri V. R. Dhorde, Advocate for the Petitioner. Shri R. P. Phatake, A.G.P. for the Respondent/State. 2 wp 4055.11 CORAM : S. V. GANGAPURWALA, J. DATE : 04TH AUGUST, 2011. ORAL JUDGMENT : . Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing. 2. The petitioner had applied for the permission to open and run a social club and card room. The said application is rejected by the Police Commissioner vide order dated 18.10.2010 on the ground that permission cannot be granted only to run the card room and if the application is given to erect a sports complex, then the application can be considered. The petitioner challenged the said order before the State Government. The Hon'ble Minister rejected the appeal reiterating the same ground. The petitioner has assailed the said judgment before this Court. 3. Shri Dhorde, the learned counsel for the petitioner submits that under the relevant Rules, there are no restrictions for grant of permission to run a social club having a card room in the nature that the same should only be in a sports complex. As such, it was erroneous on the part of the authorities not to 3 wp 4055.11 consider the same. 4. The learned Assistant Government Pleader could not point out any provision wherein the permission to open and run a social club along with card room cannot be granted, unless and until the other sports activities are also undertaken. 5. When the statute does not lay down any conditions for starting a social club with a card room de-hors the other sports activities, then the authorities could not have rejected the application on the said ground. 6. The authorities while considering the application for permission can lay down restrictions as are permissible in the Statute and the Rules, but not the one which are not recognized by the Statute and the Rules. 7. In view of the above, the impugned orders are quashed and set aside. The authority i. e. the office of the Police Commissioner, Aurangabad shall consider the application of the petitioner to open and run the social club with a card room as stated in the application afresh according to the provisions of the 4 wp 4055.11 Statute and rules governing the said application. The said application shall be disposed of as expeditiously as possible and preferably within a period of two (2) month from today. 8. The writ petition is accordingly disposed of with above observations. No costs. The Rule is made absolute in above terms. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Aug. 11