WP/27872/2005 of M/s.9 Gems Bar AND Restaurant., Vs The Commissioner of Police, Hyderabad City on 29 December 2005

ORDER:

This writ petition is filed to declare the action of the respondents in interfering and preventingthe petitioners from running Bar and Restaurant in providing entertainment by way of liveband/Orchestra with male and female singers in the petitioner’s premises, as illegal andarbitrary.

Learned Counsel for the petitioner submits that the petitioner - Bar and Restaurant obtainedlicence from the Excise authorities to vend liquor in retail in the Bar in accordance with theprovisions of the A.P. Excise Act and Rules and renewed the licence from time to time.

Apart from the sale of liquor, the petitioner also serves food.

The learned counsel further submits that petitioner – bar and restaurant being the publicplace of amusement, the petitioner is required to take licence from the Commissioner ofPolice, Hyderabad; when the petitioner applied for an amusement licence he obtainedlicencefor establishment of a public entertainment (category II) on 26.07.2004 vide licenceNo.61 of 2004 in proceedings No.L&O/A4/415/2004 and the said licence was subsequentlyrenewed. The learned counsel further submits that the said licence granted forestablishment of public place of entertainment subject to certain special conditionspermitting the petitioner to transact the liquor business up to 12.00 midnight daily subject tocompliance with conditions mention in the licence. The relevant condition No.12 goes toshow that the licence shall not make use of the loud speaker or radio except under thespecial circumstances in such public places of halting which is situated on the joint of fourroads, three roads or cross roads and which has no footpaths in front of it. As per conditionNo.11 no person, 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 been permitted bythe Commissioner of Police, Hyderabad city. It is not known whether any permission hasbeen given to the petitioner either to have loud speakers or live band/Orchestra to be playedwith men and women. The learned counsel for the petitioner further submits that a batch ofwrit petitions has been disposed of on 09-11-2005 directing the first respondent to considerand pass appropriate orders on the representations made by the petitioners therein. As therespondents have so far not complied with the orders, the writ petitioners preferred a batchof writ appeals which were disposed of by a Division Bench of this Court, on 23.12.2005,directing the respondents to pass appropriate orders on the representations of theapplicants and the applicants were allowed to carry on their activities in accordance with thelicences granted and that if the appellants feel aggrieved by the orders which may bepassed 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 following the order ofthe Division Bench of this Court, the writ petition is disposed of directing the first respondentto consider and pass appropriate orders on the representations made by the petitionerallowing to have live band/Orchestra in its Bar and Restaurant with male and female singersin accordance with the licence issued to it. Further, the respondents shall also not interferewith the activities of the petitioner, if the petitioner uses live band/Orchestra. However, ifother activities are carried out in the Bar and Restaurant, the authorities concerned shall be

free to take appropriate action in accordance with law. If the petitioner feels aggrieved by theorders, which may be passed by the first respondent, then the petitioner shall be free toavail appropriate legal remedy.

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

December 29, 2005DSK

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V. ESWARAIAH, J