( 1 ) HEARD learned Counsel for the petitioner and learned AGP for the respondents.

( 2 ) BY this petition which is filed under article 226 of Constitution of India, the petitioner is challenging the order passed by the Competent Authority in respect of two eating Houses which are run by the petitioner herein, whereby its licence which was granted to the petitioner has been cancelled. The petitioner is also challenging the order passed by the Appellant Authority who by its order dated 17th October, 1995, has confirmed the order passed by the Competent Authority.

( 3 ) BRIEF facts which are relevant for the purpose of deciding this petition are as under:-The petitioner is carrying on business of selling fruit juices and snacks in two Eating houses namely "haji Ali Juice Centre" and "cafe Noorani". The petitioner was granted Certificate of Registration in respect of Eating House known as "haji Ali Juice centre" which was well known as "race-View juice Corner" in the year 1971 and this Certificate was validly renewed from time to time. In 1985, the petitioner changed name of Eating House from "race- View Juice Corner" to "haji Ali Juice Centre". In 1986, the petitioner started another Eating House as "cafe noorani" which was also situated near Haji ali Circle, Bombay and Certificate of Registration was also issued in respect of this eating House and same has been renewed from time to time.

( 4 ) ON 26/05/1995, a show-cause notice was issued by the respondent No. 3. Said show-cause notice alleged that the petitioner had kept the Eating Houses open beyond prescribed period. It was stated therein that by virtue of Certificate of Registration which was granted to the petitioner, the petitioner was entitled to operate his Eating Houses from 5. 00 a. m. in the morning to 1. 30 a. m. and that the petitioner had committed breach of the aforesaid conditions. The details were mentioned in the said notice and five instances were quoted in respect of Eating house "haji Ali Juice Centre" and 11 instances were given respect of Eating House "cafe Noorani". It was stated in the said show cause notice that the petitioner had committed breach of the conditions which were imposed by him and had thereby, violated the provisions of section 33 (W) r/w 131 (5) of the bombay Police Act (hereinafter referred to as the Act') and caused nuisance to the persons residing in the neighbourhood and therefore, the petitioner was asked to show cause why his licence should not be revoked.

( 5 ) THE petitioner gave reply to the said show cause notice. The Competent Authority-respondent No. 3 herein passed two separate orders in respect of two separate Eating houses, cancelled Registration Certificates by order dated 7th August, 1995.

( 6 ) BEING aggrieved by the said orders, the petitioner preferred an appeal u/s. 33 of the act. Second respondent- Secretary of maharashtra Government set aside the other finding recorded by the Competent Authority. Further second respondent upheld the finding recorded by the Competent Authority on the question of running Eating Houses beyond prescribed period and on the said ground, confirmed order of revocation of licence. Being aggrieved by the aforesaid orders passed by respondent No. 3 and respondent No. 2, the petitioner has preferred the petition under Article 226 of Constitution of India.

( 7 ) LEARNED Counsel for the petitioner submitted that the show cause notice which was issued by the Competent Authority itself was liable to be quashed and set aside since the provisions of section 33 (w) of the Act are not applicable to the Eating Houses which are run by the petitioner herein. She invited my attention to the provisions of section 33 (w)of the Act and pointed out that said provisions would be applicable in respect of establishments which are used as places of public amusement or entertainment. She further submitted that admittedly, the petitioner was running Eating Houses which did not have facility of publi