Mahalaxmi Bar And Restaurant ( Davat ) v. The State Of Maharashtra

WP33_98.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.33 OF 1998 Mahalaxmi Bar & Restaurant ...

Petitioner Vs.

State of Maharashtra and others ...

Respondents None for Petitioner.

Ms M. S. Bane, AGP for Respondents-State.

CORAM : R. G. KETKAR, J.

DATE :

MAY 23, 2017 ORDER :

Heard Ms Bane, learned AGP for respondents.

2.

By this Petition under Article 226 of the Constitution of India, petitioner has sought declaration that the action of the respondents in preventing the petitioner from having music and dance on recorded music is illegal as no performance and /or premises licence is required to be obtained by the petitioner. In the alternative, petitioner has sought direction to the respondents to forthwith issue the requisite licence in response to the application made by the petitioner. By order dated 29.12.1997, ad-interim order in terms of prayer clause (c) was granted. By subsequent order dated 04.07.2002, Rule was issued and the interim relief granted earlier was ordered to continue. 3.

Ms Bane submits that Mr. A. V. Sharmale, Assistance Police Inspector, Desk-10 (Hotel Branch) from the Office of the Commissioner of Police is present in the Court. She has tendered communication dated 22.05.2017 addressed by the Police Inspector, Desk-10 (Hotel Branch), Office of the Commissioner of Police, Greater Mumbai. The same is taken on record and marked 'X' for identification. Upon taking 1/2

WP33_98.sxw instructions, she states that premises licence for conducting Orchestra is issued to the petitioner on 19.10.2001.

4.

In view of the communication dated 22.05.2017 as the petitioner is issued premises licence for conducting Orchestra, nothing survives in this Petition and the same is rendered infructuous. Petition is accordingly disposed of. Rule is discharged. In the circumstances of the case, there shall be no order as to costs. As the petitioner and their Advocate are absent, liberty is reserved to the petitioner to file review petition, if so advised. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2