IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 1 of 2009 BETWEEN: Fateh Maidan Club having its registered office at Lal Bahadur Stadium, Fateh Maidan, Hyderabad, represented by its Secretary Sri P. Ashok Kumar S/o. Late P. Gopal Rao, R/o. Plot No. 196, Sreepuram Colony, Malakpet, Hyderabad. ... PETITIONER AND 1 The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 2 The Superintendent, Prohibition & Excise, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ order or direction particularly in the nature of Writ of Mandamus declaring the action of the 1st Respondent in not granting permission for the proposed New Year Eve Programme to be held at Jalavihar Function Hall Necklace Road on 03.01.2009, is illegal, arbitrary and consequently direct the 1st Respondent to grant permission to the proposed New Year Eve Programme to be held at Jalvihar Function Hall Necklace Road on 03.01.2009 and pass such other order or orders. Counsel for the Petitioner: MR.R.VIJAYANANDAN REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner – Fateh Maidan Club, seeks to issue a Writ of Mandamus to the Commissioner of Police in not granting permission for the proposed New Year Eve Programme to be held at Jalavihar Function Hall, Necklace Road on 03.01.2009 as illegal and arbitrary and to direct him to grant permission to the proposed New Year Eve Programme on 03.01.2009. 2. Learned counsel for the petitioner submits that the petitioner vide its letter dated 24.12.2008 requested the Commissioner of Police to accord permission to Sound & Music Systems on the night of 3rd January 2009. He further submits that necessary permission had already been obtained form the Prohibition and Excise Superintendent, Hyderabad vide proceedings dated 29.12.2008 for serving liquor and beer at Jalavihar, Necklace Road. 3. The aforesaid order of the Prohibition and Excise Superintendent goes to show that the permission was granted in favour of one Sri P. Ashok Kumar, a single individual, but not in favour of the petitioner – club. It is stated that the said Ashok Kumar is the Secretary of the club. However, during the course of the arguments, learned counsel for the petitioner fairly submitted that the representation filed by the petitioner seeking permission from the Commissioner of Police has been rejected today, but the rejection order is not yet communicated. 4. Insofar as consumption of liquor is concerned, I am of the opinion that the club and its members cannot be permitted to consume liquor at Jalavihar, as the permission obtained is only in favour of single individual. Therefore, the petitioner – club and its members are not entitled to consume liquor under the guise of the permission obtained by its Secretary. 5. However, the learned counsel for the petitioner submits that it is a social gathering and all the members of the petitioner – club would like to meet there as a social gathering and for a small entertainment to play Tambola. He further submits that for announcement of prizes and to have light music, he states that there would not be any inconvenience to the public and the vehicular traffic. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to permit consumption of liquor on the proposed New Year Eve programme on 03.01.2009 but the petitioner – club may be permitted to play Tambola and have Sound & Music Systems in accordance with the rules and regulations framed under the Hyderabad City Police Act without sound pollution and causing inconvenience to the vehicular traffic. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 2, 2009 DSK