SSK/ 1 WP/8078.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8078 OF 2011 Hotel Sainath Bar & Restaurant ....Petitioner Versus State of Maharashtra & Ors. ...Respondents Shri R. D. Soni with Shri S. N. Gawade i/b. M/s. Ram & Co., Advocate for petitioners. Shri Nitin P. Deshpande, AGP for respondents. Mr. Baliram Chikhale, ACP is present in the Court. CORAM : RANJIT MORE, J. DATED : 14th OCTOBER, 2011. P.C.: Heard Mr. Soni, learned counsel for the petitioner and Mr. Deshpande, learned AGP for respondent nos. 1 to 4. Mr. Baliram Chikhale, ACP is present in the Court. 2. The petition pertains to grant of premises license for performance of orchestra. The petitioner made an application on 27th February, 2006 for grant of the said license and the same was rejected by respondent no.3 and this order was confirmed by respondent no.2 in an appeal. SSK/ 2 WP/8078.11 3. The petitioner's application was rejected on two grounds viz. 1. The petitioner did not remain present before respondent no.6 for hearing despite repeated letters and 2. In view of the amended provisions of Section 33(C) of the Bombay Police Act, 1951, the petitioner could not get license for the performance of dance. 4. The petitioner has applied for premises license for performance of orchestra and he is not claiming premises license for performance of dance, and therefore, the second ground is untenable. So far as the first ground is concerned, Mr. Soni, learned counsel for the petitioner makes a statement that the petitioner will appear before respondent no.3 on 20th October, 2011 at 11.00 a.m as per direction of this Court. 5. In the above circumstances, the petition is disposed of by passing the following order: 1. The impugned orders dated 6th September, 2011 and 30th March, 2011 passed by respondent no.2 and respondent no.3 SSK/ 3 WP/8078.11 respectively are quashed and set aside. 2. The petitioner will appear before respondent no.3 on 20th October, 2011 at 11.00 a.m.. Respondent No.3 shall thereafter give date of hearing to the petitioner on which date the petitioner will be heard and appropriate orders will be passed. The entire exercise shall be completed within a period of one month from today. 3. Respondent No.3 will not reject the petitioner's premises license for performance of orchestra on new grounds unless the same is disclosed to the petitioner and the petitioner is given an opportunity to repel the same. 4. Needless to mention that respondent no.3 while deciding the petitioner's application is bound to consider the law laid down by this Court in various decisions. (RANJIT MORE, J.)