1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9300 OF 2009 Zakir Ahmed Sakir Ahmed Khan .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents. Mr.S.P.Kanuga for the petitioner. Mrs.S.S.Bhende A.G.P. for the State. CORAM : D.B. BHOSALE, J. DATED : 16TH NOVEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. By this petition, the petitioners have impugned the order dated 7.8.2009 passed by the Deputy Commissioner of Police cancelling his licence for Video Cinema bearing No. 163/2008. Mr.Kanuga, learned counsel for the petitioner at the outset after drawing my attention to the impugned order, submitted that a show cause notice as referred to in the impugned order was never issued and/or received by the petitioner and that he was not given an opportunity to contest the same. It appears that at the relevant time the 2 petitioner was in judicial custody and, therefore, the notice was not served on him. Mrs.Bhende, learned A.G.P. fairly submits that since the impugned order has been passed without issuing show cause notice to the petitioner the impugned order may be set aside with liberty to the respondents to initiate fresh proceedings against the petitioner. In the circumstances this petition is made absolute in terms of prayer clause (a). Prayer clause (a) read thus: “(a) The Petitioner therefore submits that impugned order dt.07.08.2009 be quashed and set aside.” 4. It is open to the respondents to initiate fresh proceedings against the petitioner, if they so desire. If any such proceedings are initiated against the petitioner, same may be considered on merits in accordance with law and after giving an opportunity of being heard to the petitioner. With these observations the Rule is made absolute. No costs. (D. B. Bhosale, J.)