Telangana High Court

WP/27798/2005 of M/s. Nikitha Restaurant AND Bar, Vs The Commissioner of Police, Hyderabad City, on 28 December 2005

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SRI JUSTICE V.ESWARAIAH W.P.NO.27798 OF 2005 Between: M/s Nikitha Restaurant and Bar … Petitioner AND The Commissioner of Police Hyderabad Basheerbagh, Hyderabad & others. … Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.27798 OF 2005 ORDER: This writ

THE HON’BLE SRI JUSTICE V.ESWARAIAH

W.P.NO.27798 OF 2005

Between:M/s Nikitha Restaurant and Bar… PetitionerANDThe Commissioner of Police HyderabadBasheerbagh, Hyderabad& others.… Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH

W.P.NO.27798 OF 2005

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ORDER:

This writ petition is filed to declare the action of the respondents in interferingand preventing the petitioner from running Bar and Restaurant in providingentertainment by way of live band/Orchestra with male and female singers inthe petitioner’s premises, as arbitrary, illegal and violative of the Judgment ofthe Apex Court and consequently permit him for conducting the Orchestra/Live Band with male and female singers in his premises.

The learned counsel for the petitioner submits that the petitioner has obtainedlicence on 01.07.2005 from the Excise authorities to vend liquor in retail in theBar in accordance with the provisions of the A.P. Excise Act and Rules andrunning the same. Apart from the sale of liquor, the petitioner is also servingfood. Being the public place of amusement, the petitioner is required to takelicence from the Commissioner of Police, Hyderabad; and that the petitionerobtained licence for establishment of a public entertainment (category II) on17.09.2004 vide L.&O/A2/832/2002 and renewed the same.. The learnedcounsel for the petitioner further contended that the said licence granted forestablishment of public place of amusement subject to certain specialconditions authorizing the petitioners to transact the liquor business from 10AM to 11 PM under the relevant excise rules and condition No.12 goes to showthat the licence shall not make use of the loud speaker or radio except underthe special circumstances in such public places of halting which is situated onthe joint of four roads, three roads or cross roads and which has no footpaths infront of it. As per condition No.11 no person, who has established a publicplace of halting shall use the loud speaker in the public place halting during theother timings than those, which have been permitted by the Commissioner ofPolice, Hyderabad city. It is not known whether any permission has been givento the petitioners either to have a loud speakers or live band/Orchestra to beplayed with men and women. But however, it is stated that the petitioner hasmade a representation on 14.11.2005 for permitting him to have a liveband/Orchestra with male and female singers.

The learned counsel for the petitioner further submits that a batch of writpetitions has been disposed of on 09.11.2005 directing the first respondent toconsider and pass appropriate orders on the representations made by thepetitioners therein. As the respondents have so far not complied with theorders, the writ petitioners preferred a batch of writ appeals which weredisposed of by a Division Bench of this Court, on 23.12.2005, directing therespondents to pass appropriate orders on the representations of the applicantsand the applicants were allowed to carry on their activities in accordance withthe licences granted and that if the appellants feel aggrieved by the orderswhich may be passed by the first respondent, then they shall be free to avail appropriate legal remedy.

Having regard to the facts and circumstances of the case, and followingthe order of the Division Bench of this Court, the writ petition is disposed ofdirecting the first respondent to consider and pass appropriate orders on therepresentation made by the petitioner for allowing him to have liveband/Orchestra in his Bar and Restaurant with male and female singers inaccordance with the licence issued to him. Further, the respondents shall alsonot interfere with the activity, if the petitioner uses live band/Orchestra withmen and women singers. However, if other activities are carried out in the Barand Restaurant, the authorities concerned shall be free to take appropriateaction in accordance with law. If the petitioners feel aggrieved by the orders,which may be passed by the first respondent, then he shall be free to availappropriate legal remedy.

With the direction indicated above, the writ petition is disposed of in terms ofthe Judgment of the Division Bench in a batch of writ appeals. No costs.

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28-12-2005

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