Sainath Ashram Hindu Hotel v. State Of Maharashtra And 4 ORS.

k 1/2 905 wpl 2009.15 os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2009 OF 2015 Sainath Ashram Hindu Hotel ..... Petitioner V/s State of Maharashtra & Ors.

..... Respondents Mr. R.D. Soni a/w Mr. S.N. Gawade i/b M/s. Shree & Co. for Petitioner.

Mrs. H.Y. Shah, AGP for Respondents.

CORAM : A.A. SAYED, J.

DATED : 15 JULY 2015 P.C.

1.

The only ground on which the Petitioner has been denied performance and premises license (to the extent of performing orchestra) is lack of adequate parking space. In view of the Judgments of this Court in Manohar G Bhavanishankar vs. State of Maharashtra and ors. in Writ Petition(L) No.2995 of 2012 dated 30.01.2013, Iyandurai Chinappa Kaukar vs. Commissioner Of Police in Writ Petition No.7951 of 2014 dated 18.12.2014 and Rajeev S. Mehta vs. Commissioner of Police (Hotel Branch) in Writ Petition No.34 of 2015 dated 22.01.2015, the learned counsel for the Petitioner and learned AGP are agreed to the following order being passed: (i) The impugned orders are quashed and set aside. 1/2

k 2/2 905 wpl 2009.15 os.doc (ii) The matter is remanded to the Respondent No.4 Deputy Commissioner of Police (Licensing Authority) to decide the Application of the Petitioner afresh, after considering the aforesaid judgments. All contentions are kept open.

3.

The Petition is disposed of in the aforesaid terms. (A.A. SAYED, J.) katkam 2/2