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2022 Supreme(SC) 211

K. M. JOSEPH, S. RAVINDRA BHAT
Hotel Priya – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Parties :Prasenjit Keswani, Satyajit Saha, Upmanyu Tewari, Mahesh Kumar, Devika Khanna, V. D. Khanna, Manoj K. Mishra, Umesh Dubey, Prateek Som, Alok Pandey, Bheem Pratap Singh, A.A. Bhasme, Vishrov Mukerjee, Sachin Patil, Rahul Chitnis, Aaditya A. Pande, Geo Joseph, Vivekanand Singh, Shwetal Shepal, Advocates

JUDGMENT

S. RAVINDRA BHAT, J.

1. Leave granted. These appeals arise from a judgment of the High Court of Bombay (and an order which followed it subsequently)1 [Dated 6th May 2011 in W.P. No. 7962/2010 and connected cases; as well as the judgment and order dated 19.12.2012 in W.P. No. 2883/2012, which had followed the decision in the judgment dated 6th May 2012] which upheld the conditions imposed under order dated 12.09.2009.

Summary of Facts

2. The appellants are either owners or are operating restaurants and bars with the requisite licenses/permissions. Orchestra performances are a common feature in their premises. They, hence, go by the appellation “Orchestra Bars.” For this feature, they are required to secure Premises and Performance licenses under Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rule, 1960 (hereafter “Rules 1960”) framed under the Maharashtra Police Act, 1951 (hereafter “Act 1951”). The Commissioner of Police, Brihan Mumbai, exercising powers under Section 33(1) (w)(i) and (w)(ii), Section 162(1) of Act, 1951 read with Rule 108A, 109, 118, 207 and 209 of the Rules, 1960, by orders dated 12.09.2009 in additional to t

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