-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 34 OF 1998 Charawak Bar & Restaurant. ..Petitioner. Versus The State of Maharashtra & Others. ..Respondents. Mr. R. D. Soni i/b M/s. Ram & Co., for the petitioner. Mr. Nitin Deshpande, AGP for the Respondents – State. Coram : R. V. MORE, J. Date : June 30, 2010. P. C. : 1. Heard Mr. R. D. Soni, learned counsel for the petitioner and Mr. Nitin Deshpande, learned AGP for the respondent – State. 2. The petition is filed for following reliefs : “(a) that this Hon’ble Court be pleased to declare that no performance and/or premises licence is required to be obtained by the petitioner. (b) in the alternative that the respondents be directed for forthwith issue the performance licence in response tothe application made by the petitioner.” 3. So far as the relief contained in prayer clause (a) is concerned, learned counsel for the petitioner states that the petitioner is not pressing for this relief at this stage. The prayer clause (b) is about srp -: 2 :- direction to the respondent to decide their application for grant of performance licence. Mr. Deshpande, learned AGP after taking instructions from the concerned Officer, who is present in the Court states that copy of the application filed by the petitioner is not traceable. He further submits that otherwise also once the licence period is over, the petitioner has to submit a fresh application. He submitted that in case the petitioner makes a fresh application for grant of performance licence or premises licence, same will be considered independently on its own merits after hearing the petitioner. 4. In view of the above facts and circumstances, the petition can be conveniently disposed of by issuing following directions. (i) The Petitioner shall make a fresh application to the Respondent within the period of two weeks from today for grant of performance licence under the provisions of Rules for Licencing and Controlling Place of Public Amusement (Other than Cinema) and Performance for Public Amusement Including Melas and Tamashas 1950 for conducting orchestra in their restaurant. (ii) The Respondent shall decide the said application on merits in accordance with the law by giving a reasoned order within the period of two weeks from the date of receipt of such -: 3 :- application. Needless to state that the petitioner shall be given an opportunity of hearing. (iii) Ad-interim order dated 29th December 1997 and interim order dated 4th July 2002 passed in the instant writ petition shall remain in operation till the disposal of the petitioner’s application for grant of performance licence and thereafter further for the period of 15 days in case the Respondent refuses to grant such licence to the petitioner. 5. With the aforesaid directions, writ petition stands disposed off. (R.V. MORE, J.) -: 4 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2845 OF 2009 IN WRIT PETITION NO. 34 OF 1998 The State of Maharashtra & Others. ..Applicants.. Versus Charawak Bar & Restaurant. ...Respondent. Mr. Nitin Deshpande for the Applicants. Mr. R. D. Soni i/b M/s. Ram & Co., for the Respondents - original petitioner. Coram : R. V. MORE, J. Date : June 30, 2010. P. C. : 1. In view of the disposal of the writ petition, this civil application does not survive and same is accordingly disposed of. (R.V. MORE, J.) srp