AR. LAKSHMANAN, J.

( 1 ) WHETHER the policy decision taken by the Commissioner of Police, Hyderabad alleged to be in exercise of the provisions of the Hyderabad City Police Act, 1348 and the Rules made thereunder not to grant or renew any amusement licences to the Bars and Restaurants to conduct singing, music and dance programmes from 25-2-2002 other than Four Star and Five Star hotels and affirmed by the State of Andhra Pradesh would amount to unreasonable restriction offending the provisions of Article 19 (1)g) and Article 14 of the Constitution of India is the principal question that arises for consideration in these batch of writ petitions filed by various Bars and Restaurants of the Twin Cities of Hyderabad and Secunderabad.

( 2 ) IN Government of A. P. v. Sri Baldev Sondli, (1975) 1 Andh WR 175, a Division Bench of this Court has dealt with a somewhat similar issue involved herein. There the Commissioner of Police rejected the request of a hotel for issue of a place permit for conducting cabaret dance in the restaurant and bar in public interest. This Court held that the citizen has a fundamental right to carry on business and the State can only impose reasonable restrictions under Clause (6) of Article 19 and set aside the order of the Commissioner.

( 3 ) IN the aforesaid case, the Division Bench has relied upon the decision of the Apex Court in Krishan Kumar v. State of Jammu and Kashmir, AIR 1967 SC 1368, wherein it was held that there is a fundamental right to carry on trade and business in any area including trading in obnoxious substances like liquor.

( 4 ) WHEN these batch of writ petitions came up for hearing before a learned single Judge of this Court, noticing that the view expressed in Krishan Kumar s case (AIR 1967 SC 1368) was not approved in the latter judgments by the Supreme Court and since the Division Bench of this Court has proceeded on the basis of the judgment in Krishan Kumar s case, the learned Judge was of the view that the decision of the Division Bench requires reconsideration and accordingly directed the Registry to place the papers before the Hon ble the Chief Justice for appropriate orders as to the posting of the batch of writ petitions. The matters are thus listed before us. FACTS :

( 5 ) BRIEFLY noted the facts leading to the filing of the writ petitions are as follows :w. P. No. 14592 of 2002 is filed by Big Way Bar and Restaurant, Secunderabad for a Writ of Mandamus declaring the action of the Commissioner of Police, Hyderabad in rejecting the application of the petitioner to grant amusement licence as illegal and arbitrary and consequently to direct the respondent to issue amusement licence to the petitioner.

( 6 ) THE petitioner obtained necessary licences from the Municipal Corporation of Hyderabad and Prohibition and Excise Department to run the bar and restaurant which are valid till 31-3-2003. The petitioner applied for grant of amusement licence to the respondent for the year commencing from 1-1-2002 to 31-12-2002 to conduct singing and music in the restaurant on 25-4-2002 together with the prescribed fee of Rs. 4,000/- by way of challan. As there was delay in granting the licence the petitioner filed W. P. 11108 of 2002, which was disposed of on 25-6-2002 with directions to pass appropriate orders within a period of two weeks. Thereafter, the respondent rejected the application by Memo No. Lando/a3/775/2002 dated 5-7-2002. The relevant portion of the order reads thus : 4. In pursuance of the High Court Orders dated 25-6-2002, I inspected M/s. Big Way Bar and Restaurant on 3-7-2002 along with DCP, West Zone and DCP, Traffic-I, Inspector of Police, Sr. Nagar P. S. and others. 5. There is parking space for only 20 scooters. No space is available for parking cars. More over music and singing adds to noise pollution, posing a nuisance to the neighbours. 6. In view of the above, the request of the applicant for grant of amusement licence to conduct Singing and Music in the "big Way Bar

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