: 1 : wp-5490-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5490 OF 2011 Ardeshir Sarosh Furudi ..Petitioner Vs. Commissioner of Police, Pune & Ors. ..Respondents Mr. S. Malik and Mr. O.P.Singal for the Petitioners Ms P. S. Cardozo AGP for Respondent State CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 8, 2011. P.C.: 1 This Petition is aggrieved by Order cancelling the licence which is issued under the Bombay Police Act, 1951, for the purposes of running an eating house. 2 This licence stated to have been issued in the year 1989, but it is cancelled by the Additional Commissioner, Pune under the Bombay Police Act, 1951, vide powers conferred upon him under the Bombay Police Act and the Rules framed thereunder. 3 It is argued on behalf of the Petitioner that no hearing was given prior to the cancellation of the subject licence. The Petitioner has stated in the Petition that he is running International Hotel, opposite Pune Railway Station, since 1988. There was a monthly tenant in respect of the premises and he was running the hotel business as sole proprietary concern. He died leaving behind his Will dated 10-1-1968, which will has been probated. Under that Will, one undivided ½ share in the business is given : 2 : wp-5490-11.sxw to the wife of the tenant and the remaining ½ share in terms of the Will. Thereafter, there is a further Will of the wife of the tenant. The Petitioner has claimed a right to run the business on behalf of the owners of the business and stated that there are proper licences and permissions in that behalf. However, the licence is cancelled without a personal hearing although, the Petitioner had as early as on 19-2-2010 and prior thereto in 2009, sought renewal of the licence. According to him, no order was passed on the request for renewal. 4 After this matter was argued for some time, I find that the Petitioner has not been heard before the impugned order has been passed. The interest of justice would be served if the impugned order is set aside and the Petitioner is heard by either Commissioner of Police or the Additional Commissioner of Police, other than the one who has passed the impugned order dated 5-5-2011. All contentions of the Petitioner in relation to the request of renewal and as against the proposed cancellation, are kept open. The Petitioner shall appear before the concerned Commissioner/Additional Commissioner on 16-8-2011 and the said authority will pass a speaking order after hearing the Petitioner, within a period of two weeks from date of the appearance of the Petitioner. 5 The Petition is disposed of in these terms. (S.C.DHARMADHIKARI, J.)