1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 23 OF 2010 Lalita Harishankar Tiwari .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents .... Mr. Pankaj C. Kansara for the Petitioner. Mr. Shekhar Ingawale, A.G.P. For the Respondent-State. .... CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 11, 2010. P.C. Heard the learned counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. The learned A. G. P. waives service for Respondent-State. The learned Advocate for the Petitioner undertakes on behalf of the Petitioner to have the writ Petition numbered within one week from today. 3. By this Writ Petition the Petitioner inter-alia seeks quashing and setting aside of the order dated 4th January, 2010 passed on 2 behalf of Respondent No. 4 refusing extension of the temporary license granted to the Petitioner, to run her establishment i.e. Aashish Bar and Restaurant situated at S. V. Road, Dahisar (East). 4. The Petitioner is the wife of late Harishankar Parshuram Tiwari who was running a Restaurant and Bar under the name and style of "Aashish Bar & Restaurant" at S. V. Road, Dahisar (East). The said Harishchadra Tiwari died intestate on 19th May, 2009 leaving behind the Petitioner and his children, as legal heirs and representatives. The late Mr. Harishankar P. Tiwari had obtained all the requisite licenses required for running of the said Restaurant and Bar from the various Authorities under the provisions of Bombay Shop and Establishment Act, Bombay Prohibition Act, Bombay Municipal Corporation Act, Bombay Police Act etc. All the licenses were valid and subsisting on the date of his death. Under Rule 14(a) of Rules of Keeping place at Public Entertainment, 1953 (Entertainment Rules, 1953) upon the death of the licensee, the license issued under the Entertainment Rules, 1953 automatically stands terminated. However his heir or legal representative may make an application within one month from the date of death to the Commissioner of Police to have the 3 benefit of the license for the unexpired portion of the terms of the license and the Commissioner may decide having regard to the Provisions of rules. 5. In view thereof, the Petitioner made an application for grant of the licenses in her name to enable her to carry on the business of running the Bar and Restaurant in the name and style of (Aashish Restaurant and Bar). The Children of the Petitioner and the late Harishankar P. Tiwari also gave their NOC/Consent for transferring all the licenses in respect of the said business in the name of the Petitioner. In the meantime Respondent No. 4 issued a temporary license to the Petitioner for the period 1st September, 2009 to 31st December, 2009. The said temporary license is not extended beyond 31st December, 2009 inter-alia on the ground that the Petitioner has not obtained all the requisite licenses required to be obtained by her. Though, the Petitioner has obtained all the necessary licenses from the various Authorities, the Petitioner is not yet issued the FL III license. The Petitioner has applied for FL III license in her name since October 2009. The Excise Department of Respondent No. 2 has not issued the FL III license to the Petitioner on the ground that they have not received 4 the character certificate from Respondent No.3. Respondent No. 3 has since October 2009 not issued the necessary character certificate/report to the Excise Department for which in my view the applicant cannot be blamed or penalized by not extending the temporary license after 31st December, 2009. The learned A. G. P. submitted that the temporary license is not extended also because the Petitioner has in November 2009 committed the offences under Rules 8(1), 8(2) and 21(A) and 24 of the Entertainment Rules, 1953. Admittedly, the Petitioner has been served with a show cause notice for the alleged offences and a detailed reply is given to the show cause notice by the Petitioner. The proceedings initiated by the Respondents are not yet concluded. The Petitioner certainly cannot be punished at this stage for the alleged offences in respect of which proceedings are not yet concluded and the guilt not established. 6. In view thereof, the order dated 4th January, 2010 passed on behalf of Respondent No. 4, rejecting the application for extension of temporary license issued to the Petitioner is hereby quashed and set aside. Respondent No. 4 is directed to forthwith issue a temporary license to the Petitioner to carry on the business of said 5 Restaurant and Bar only upto 31st March, 2010. However, it is clarified that upon the Authorities granting or rejecting the FL III license to the Petitioner, the temporary license issued by Respondent No. 4 shall forthwith come to an end. It is further clarified that this order shall in no way prejudice the rights and contentions of the Respondent qua the show cause notice issued to the Petitioner for committing offences under Rule 8(1), 8(2), 21A and 24 of the Entertainment Rules, 1953 and the action taken thereon. 7. The Writ Petition is, accordingly, disposed of with no order as to costs. [ S. J. KATHAWALLA, J. ]