WP/28059/2005 of M/S. Nite Fox Bar and Restaurant, Vs The Commissioner Of Police, on 30 December 2005

ORDER:

This writ petition is filed to declare the action of the respondents in interfering andpreventing the petitioners from running Bar and Restaurant in providingentertainment by way of live band/Orchestra with male and female singers in thepetitioner’s premises, as arbitrary, illegal and violative of the Judgment of the ApexCourt and consequently permit him for conducting the Orchestra/Live Band withmale and female singers in his premises.

The case of the petitioner is that he is the license holder for running Bar andRestaurant. He has obtained license from the Excise authorities to vend liquor inretail in the Bar in accordance with the provisions of the A.P. Excise Act and Rulesand renewing the license from time to time. Apart from the sale of liquor, thepetitioner is also serving food. Being the public place of amusement, the petitioner isrequired to take license from the Commissioner of Police, Hyderabad; and that thepetitioner obtained license for establishment of a public entertainment (category II)on 14.02.2002 vide license No.L&O/A2/339/2002 and the said license wassubsequently renewed. The petitioner further contended that the said licensegranted for establishment of public place of amusement subject to certain specialconditions authorizing the petitioner to transact the liquor business from 10 AM to 11PM under the relevant rules and condition No.12 goes to show that the license shallnot make use of the loud speaker or radio except under the special circumstances insuch public places of halting which is situated on the joint of four roads, three roadsor cross roads and which has no footpaths in front of it. As per condition No.11 noperson, who has established a public place of halting shall use the loud speaker inthe public place halting during the other timings than those, which have beenpermitted by the Commissioner of Police, Hyderabad city. It is not known whetherany permission has been given to the petitioner either to have a loud speakers or live band/Orchestra to be played with men and women. But however, it is stated thatthe petitioner has made a representation on 24.11.2005 to the 1[st] respondent requesting to permit him to have a live band/Orchestra with male andfemale singers.

The learned counsel for the petitioner submits that a batch of writ petitionshave been disposed of on 09-11-2005 directing the first respondent to consider andpass appropriate orders on the representations made by the petitioners therein. Asthe respondents have so far not complied with the orders, the writ petitionerspreferred a batch of writ appeals which were disposed of by a Division Bench of thisCourt, on 23.12.2005, directing the respondents to pass appropriate orders on therepresentations of the applicants and the applicants were allowed to carry on theiractivities in accordance with the licenses granted and that if the appellants feelaggrieved by the orders which may be passed by the first respondent, then theyshall be free to avail appropriate legal remedy.

Conclusion

Having regard to the facts and circumstances of the case, and following theorder of the Division Bench of this Court, the writ petition is disposed of directing thefirst respondent to consider and pass appropriate orders on the representation madeby the petitioner for allowing him to have live band/Orchestra in his Bar andRestaurant with male and female singers in accordance with the license issued tohim. Further, the respondents shall also not interfere with the activity, if the petitioneruses live band/Orchestra. However, if other activities are carried out in the Bar andRestaurant, the authorities concerned shall be free to take appropriate action inaccordance with law. If the petitioner feels aggrieved by the orders which may bepassed by the first respondent, then he shall be free to avail appropriate legalremedy.

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

Dated: 30.12.2005Dsr

_________________

V.ESWARAIAH,J