SSK/938 1 WP/6796.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6796 OF 2011 Hiradevi Ghanshyam Dube ....Petitioner Versus State of Maharashtra & Ors. ...Respondents Mr. R. D. Soni i/b. M/s. Ram & Co., Advocate for the petitioner. Mr. Nitin Deshpande, AGP for respondent nos. 1 to 4. Mr. Sahaney, PI, Theatre Branch, Commissioner Office is present. CORAM : RANJIT MORE, J. DATED : 17th OCTOBER, 2011. P.C.: Having heard learned counsel for the respective parties, by consent, the petition is disposed of by passing the following order: 1. The order dated 1st June, 2011 passed by respondent no.3 and order dated 9th August, 2011 passed by the Home Minister rejecting the petitioner’s application dated 3rd May, 2011 for grant of premises and performance license for conducting the orchestra (copies of which are annexed at Exhibits “N” and“S” at pages 68 & 80 of the petition) are quashed and set-aside and the matter is remanded to respondent no.3 to consider the petitioner’s application dated 3rd May, 2011 afresh on merits. 2. While deciding the petitioner’s application dated 3rd May, 2011 for grant of premises and performance license for SSK/938 2 WP/6796.11 conducting the orchestra, Respondent no.3 shall not rely upon new documents or material against the petitioner unless the copies thereof are made available to him and an opportunity is afforded to repel the documents/material against him. 3. Respondent No.3 shall dispose of the above said application dated 3rd May, 2011 by passing a speaking order as expeditiously as possible and in any case within a period of four weeks from today. In order to enable respondent no.3 to decide the schedule of dates, the petitioner shall approach respondent no.3 on 24th October, 2011 at 11.00 a.m.. Needless to mention that the said application will be decided by respondent no.3 independently on its own merits and in accordance with law. All the points and contentions of the respective parties are expressly kept open to be agitated before respondent no.3. 4. Interim relief granted on 23rd August, 2011 in this petition shall remain in operation during the pendency of the petitioner’s application for consideration before respondent no.3 and two weeks thereafter, in case, the order is adverse to the interest of the petitioner. (RANJIT MORE, J.)