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Bombay High CourtWP/12254/2024disposed off

Dipak Ankush Sathe v. District Collector Solapur And ORS

2025-01-23Hon'Ble Shri Justice Ashwin D. Bhobe , Hon'Ble Shri Justice Nitin W. Sambre3 pages

by ARUNA SANDEEP TALWALKAR Date:

2025.01.24 19:01:31 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12254 OF 2024 Dipak Ankush Sathe.

... Petitioner

Versus

District Collector, Solapur & Ors.

... Respondents.

**** Mr. Ritesh Thobde, a/w. Mr. Nikhil Adkine, Ms. Zubi Ansari & Mr. Chanddev Shingadi, for Petitioner.

Mr. P.P. Kakade, Addl. G.P. a/w. Ms. D.S. Deshmukh, AGP, for Respondent/State.

**** CORAM: NITIN W. SAMBRE & ASHWIN D. BHOBE, JJ.

DATED : 23rd JANUARY, 2025 P.C:- 1.

We have heard Mr. Ritesh Thobde, learned Counsel appearing for the Petitioner. The Petitioner a specially able person on August 30, 2018 applied for the licence for starting an amusement club(Card Room) under the provisions of rules framed under section 33 of the Maharashtra Police Act. Rules under which such licence is issued is the Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas),

and Performances for Public Amusement, including Cabaret Performances, Melas, Discotheque, Games, Pool Game Parlours, Amusement Parlours providing Computer or Virtual Reality Games, Cyber Cafes, Bowling Alleys, Card Room, Social Clubs, Sports Clubs Melas and Tamashas, 1960.

2.

Under the said Rules, we are informed by the Additional Government Pleader Mr. Kakade that the State Government has authorised the Collector to be the competent authority to decide the application for issuance of license. 3.

The factual matrix reflected in the Petition clearly demonstrate shocking revelation as regards the inaction on the part of the public authorities. Though the Collector was a competent authority to decide the prayer of the Petitioner for grant of such licence, since 2018 the Petitioner was made by the Respondents to run from pillar to post.

4.

However, upon intervention of this Court, the Additional Government Pleader Mr. Kakade on instructions from the Respondent-Collector assures that the application of the Petitioner shall be decided in any case within a period of one

month from today.

5.

We accept the statement as an undertaking to this Court. In view of the aforesaid statement, Petition stands disposed off.

(ASHWIN D. BHOBE, J.) (NITIN W. SAMBRE,J.)