:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1679 OF 2008 Vitthal K.Shetty .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents. Ms.Bobby Malhotra Paul for the petitioner. Mr.N.P.Deshpande AGP for the respondent-State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH MARCH, 2008. DATED : 18TH MARCH, 2008. DATED : 18TH MARCH, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This petition is directed against concurrent finding of facts recorded by the authorities below by which after issuing a show cause notice and after giving an opportunity of being heard to the petitioner, they have suspended his Performance Licence for a period of one month. I perused both the orders which show that apart from the criminal cases pending against the petitioner he has committed breach of the licence conditions so also violated the conditions contemplated by Rule 7(A), 8(1), 8(2) and 16(A) of the Rules for Place of Publice Entertainment Licence, 1953 (for short "the Rules"). Ms.Malhotra, learned counsel for the petitioner vehemently submitted that the show cause notice was issued under :2: :2: :2: Rules 27 and 28 of the Rules and the order of suspending licence has been passed by invoking the provisions of section 131 of the Bombay Police Act, 1951 and, therefore, under any circumstances for committing such breach or violating the conditions there cannot be a punishment of suspension of the licence and at the most the Commissioner could have imposed only fine upto Rs.500/-. In view thereof, according to Ms.Malhotra, the impugned order is illegal. From perusal of the orders passed by the authorities below it is clear that they have concurrently held that the petitioner has violated the aforementioned rules and the conditions of licence and in view thereof the Deputy Commissioner of Police has suspended the licence by exercising the power under section 162(2) of the Bombay Police Act. The powers conferred under this provision is independent of the power under section 131. Under this provision the concerned authority is empowered to suspend or revoke any licence if the condition or restriction is infringed by the person to whom the licence has been granted. In the circumstances I find absolutely no merit in the petition. The writ petition is, accordingly, dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)