WP/27741/2005 of Dolfin Bar AND Restaurant, 95D AND E, Siddamshetty complex, Vs The Commissioner of police, Hyderabad, on 28 December 2005

ORDER:

This writ petition is filed to declare the action of the respondents in interferingand preventing the petitioners 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 them for conducting the Orchestra/Live Band with male and female singers in their premises.

The case of the petitioners is that they are licence holders for running Bar andRestaurant. They have obtained licence from the Excise authorities to vendliquor in retail in the Bar in accordance with the provisions of the A.P. ExciseAct and Rules and renewing the licence from time to time. Apart from the saleof liquor, the petitioners are also serving food. Being the public place ofamusement, the petitioners are required to take licence from the Commissionerof Police, Hyderabad; and that the first petitioner obtained licence forestablishment of a public entertainment (category II) on 14.06.2004 vide licenceNo.L&O/A4/415/2004 and the said licence was subsequently renewed. In so faras second petitioner is concerned, he has obtained licence bearing No.71/04,dated 26.07.2004 was said to have been renewed. But I do not see anyendorsement of any one on the licence of second petitioner is concerned. Thepetitioners further contended that the said licence granted for establishment ofpublic place of amusement subject to certain special conditions authorizing thepetitioners to transact the liquor business from 10 AM to 11 PM under therelevant excise rules and condition No.12 goes to show that the licence shallnot make use of the loud speaker or radio except under the specialcircumstances in such public places of halting which is situated on the joint offour roads, three roads or cross roads and which has no footpaths in front of it.As per condition No.11 no person, who has established a public place of haltingshall use the loud speaker in the public place halting during the other timingsthan those which have been permitted by the Commissioner of Police,Hyderabad city. It is not known whether any permission has been given to thepetitioners either to have a loud speakers or live band/Orchestra to be playedwith men and women. But however, it is stated that the first petitioner has maderepresentations on 05.04.2005 and 21.12.2005 and the second petitioner on05.12.2005 and 26.12.2005 for permitting them to have a live band/Orchestrawith male and female singers.

The learned counsel for the petitioners 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 were disposed 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 availappropriate legal remedy.

Conclusion

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 therepresentations made by the petitioners for allowing them to have liveband/Orchestra in their Bar and Restaurant with male and female singers inaccordance with the licence issued to them. Further, the respondents shall alsonot interfere with the activity, if the petitioners use 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 orderswhich may be passed by the first respondent, then they 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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