1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 100. WP/1541/2010 (JANARDAN RAMCHANDRA BHALEKAR V/S THE STATE OF MAH AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.S.S.Wagh, Adv., for the petitioner. Mrs.S.D.Shelke, AGP for respondent State. ... CORAM:K.U.CHANDIWAL, J. DATE: 28/9/2010 ... 1. Heard. 2. The petitioner, a trust, desired to add an activity of playing cards for its members, for the purpose of amusement. In pursuance to the Rules, framed by the Government of Maharashtra, dt.28th Sept., 2006, the petitioner applied to the competent authority for such licence. However, it was refused on the pretext that there was a case against the petitioner. 2 3. Learned Counsel informed, the case is not against the petitioner but, it was against a whistle blower, namely, Mr.Abdul Gani, who has invited troubles for several Police Officers and, consequently, to teach a lesson to the said person, he was shown to have been associated with the trust and the case is filed. 4. Pendency of the said case, under Section 353 of IPC, by itself, should not be an impediment if the petitioner, who, otherwise, fulfils the condition for grant of such licence, in tune with the Rules. Certain curtails and controls may be imposed on the activities of the petitioner, for smooth activities for its members. However, normally, equal protection and opportunities to have amusement need not be controlled far stretched. 3 5. Consequently, the impugned order is set aside. The authorities to re-consider application of the petitioner for grant of licence to conduct card room for its members in the club. Such exercise, if application is made afresh by the petitioner, to be completed by the competent authority, within a period of six months. The orders in the writ should not be construed a perpetual licence in favour of the petitioner to conduct illegal activities. The authorities are duty bound to have a vigil, to check and control the activities of Trust and to exercise their powers whenever there is infringement of the Rules or statutory provisions. Writ Petition is allowed as above. No cost. (K.U.CHANDIWAL) JUDGE ... (agp:1541-10wp)