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2013 Supreme(Bom) 295

K.U.CHANDIWAL
Renuka Kala Kendra – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. P.R. KATNESHWAR, Adv. for Petitioner (in both petitions).
Ms. R.K. LADDA, APP for State (in both petitions).
Mr. S.J. SALGARE, Adv. assisting A.P.P. in Cri. Writ Petition No.601 of 2012.
Mr. S.K. CHAVAN, Adv. for Respondent no.4 in Cri. Writ Petition No.843 of 2009.

JUDGMENT:-

Petitioners have requested to quash and set aside the order dated 15th November, 2008 passed by Tahsildar/Taluka Executive Magistrate (Tahsildar), Puma, District Parbhani and confirmed by learned Minister for State (Home/Rural) dated 21st August, 2009.

2. The activity of the petitioner is performance of Tamasha shows (folk dance). The petitioner had applied for performance license to the Tahsildar under the Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for Public Amusement, including Melas and Tamashas, 1960 (herein referred as "Rules"). Permission - performance license dated 10th October, 2001 for a year which was discontinued due to adverse orders passed by the learned Tahsildar.

3. In the past, on 31st December, 2007, the Tahsildar/Taluka Executive Magistrate cancelled the license of the petitioner by order dated 1st August, 2008 confirming the order dated 31st December, 2007. This order has traveled beyond show cause notice and this Court recorded "An order based on the grounds and the material which are not mentioned in the show cause notice would be in utter disregard to the principles of natural justice. Admitte
















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