Tanaji Devrao Lakade v. The State Of Maharashtra Through Its Appellate Authority And Another

2025:BHC-AUG:20214

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5587 OF 2024 Tanaji Devrao lakade, Age: 55 yrs, Occ: Business, R/o. Hangarga (Tul) Tal. Tuljapur Dist. Osmanabad .....PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Appellate Authority Under Section 2(2) of Maharashtra Prohibition of Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 @ Principal Secretary, Home Department, Mantralaya, Mumbai 2.

The Superintendent of Police, Osmanabad.

.....RESPONDENTS ______________________________________________________ Mr. V. S. Undre, Advocate for the Petitioner Ms. Kalpalata Patil Bharaswadkar, Addl.GP for RespondentsState ______________________________________________________ CORAM : ROHIT W. JOSHI, J.

DATED : 28TH JULY, 2025 ORAL JUDGMENT :- .

License issued to the petitioner in form no.2 as per Rule 5 of the The Maharashtra Prohibition Of Obscene Dance In Hotels, Restaurants And Bar Rooms And Protection Of Dignity

Of Women (Working Therein) Act, 2016 and the Rules framed thereunder came to be revoked by the Licensing Authority, namely; Superintendent of Police, Osmanabad, vide order dated 08.02.2023.

2.

The petitioner preferred a statutory appeal against the said order, which came to be dismissed by Appellate Committee vide order dated 19.01.2024. Petitioner in the present petition is challenging the said order. 3.

Perusal of the orders will demonstrate that the license ordered to be cancelled in view of offences pending against the petitioner. Submission of four NOCs of the concerned Gram Panchayat for obtaining renewal of license and also on the ground that the F.L.-III license of the petitioner was revoked by the Competent Authority in view of breach of conditions of the said license.

4.

Perusal of the order dated 08.02.2023 will demonstrate that the said order is a non speaking order, which does not deal with the contentions raised by the petitioner. Similarly, the appellate order dated 19.01.2024 also does not properly deal with the contentions raised by the petitioner.

5.

In view of the above, it will be expedient in the interest of justice that the impugned orders are quashed and set aside and the matter is remitted back to the Licensing Authority, i.e. Superintendent of Police, Osmanabad for consideration of the case of the petitioner afresh by dealing with each and every contention raised.

6.

Writ Petition is partly allowed as under:

i.

Order dated 08.02.2023, passed by Superintendent of Police, Osmanabad, cancelling the license of the petitioner on permanent basis as also order dated 19.01.2024, passed by the Appellate Authority, dismissing appeal arising out of the said order are quashed and set aside.

ii.

The matter is remitted back to the Superintendent of Police to decide the matter afresh by dealing with all contentions to be raised by the petitioners.

7.

Civil Application, if any, stands disposed of. ( ROHIT W. JOSHI, J. ) Rushikesh/2025