Telangana High Court

WP/28516/2009 of M/s. Derby Restaurant AND Bar Vs The Commissioner of Police, on 30 December 2009

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SRI JUSTICE GOPALA KRISHNA TAMADA l lWRIT PETITION No.28516 of 2009 l DATE:30.12.2009 Between: M/s. Derby Restaurant & Bar ,represented by its Proprietor, Bakatpura, Hyderabad. ... Petitioner and The Commissioner of Police, Hyderabad and others ... Respondents l lTHE HON'BLE SRI JUSTICE

lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA

llWRIT PETITION No.28516 of 2009

lDATE:30.12.2009

Between:

M/s. Derby Restaurant & Bar ,representedby its Proprietor, Bakatpura, Hyderabad. ... PetitionerandThe Commissioner of Police, Hyderabadand others ... Respondents l lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADAllWRIT PETITION No.28516 of 2009

l

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ORDER:

This writ petition is filed by the petitioner concern seeking aWrit of Mandamus to declare the action of 1[st] respondent in notpassing orders on its applications dated 13.03.2009, 24.09.2009, 29.10.2009 and 21.12.2009 and permitting it toconduct live band/orchestra with male and female singers in itspremises, as illegal and arbitrary.

22. The case of the petitioner, in brief, is that it is a proprietoryconcern and running a Bar and Restaurant in the name andstyle of "M/s. Derby Restaurant & Bar" at Barkatpura,Hyderabad, and it has all the required licenses. While so, therespondents are insisting it to take an amusement licence,though the same is not required under law, and also notallowing it to conduct singing and music with male and femalesingers in its premises. Hence, it made representations to the1[st] respondent on 13.03.2009, 24.09.2009, 29.10.2009 and21.12.2009 requesting him to grant entertainment licence, but,no orders have yet been passed on its representation. Beingaggrieved by the same, it approached this Court and filed thepresent writ petition.

3. Heard the learned counsel for the petitioner as well as thelearned Government Pleader for Home.

4. During the course of arguments, the learned counsel forthe petitioner has drawn the attention of this Court to ajudgment dated 23.12.2005 passed by the Division Bench ofthis Court in W.A.Nos.2545 of 2005 and batch, wherein theDivision Bench directed the 1[st] respondent herein to passappropriate orders on the representations of the appellantstherein, within two weeks, and till such time, the appellantstherein were allowed to carry on their activities, in accordancewith the licences granted for running Bar and Restaurant. Therespondents therein were also directed not to interfere with theactivities of the appellants therein, if they use live band or otherinstruments of music in the Bar and Restaurant.

5. In the light of the said judgment, this Court is of the viewthat this writ petition also can be disposed of with a similardirection, as the one passed by the Division Bench of this Court referred to above.

6. Accordingly, this writ petition is disposed of directing therespondents to consider the representations of the petitionerdated 13.03.2009, 24.09.2009, 29.10.2009 and 21.12.2009and pass appropriate orders, within a period of two (2) weeksfrom the date of receipt of a copy of this order. The respondentsare also directed not to interfere with the petitioner’s businessactivity i.e. use of live band or other instruments of music in itspremises, pending consideration of its representations. Thereshall be no order as to costs.

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lGOPALA KRISHNA TAMADA, J

30[th] December, 2009lCBS

THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA

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lCBS

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··WRIT PETITION No.28516 of 2009·(Disposed of)

30[th] December, 2009

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