JUDGMENT

1. By this Petition under Articles 226 and 227 of the Constitution of India, the Petitioner seeks a writ of mandamus and a declaration that the order dated 28 March, 2019, passed by the learned District Magistrate, North Goa under Section 144 of the Code of Criminal Procedure, 1973, restricting sale or serving liquor after 11.00 p.m. from the liquor shops/bars & restaurants, pubs, food joints, shacks, etc. for the period upto midnight of 23 April, 2019 and also restricting sale and service of liquor for the period commencing from 6.00 p.m. onwards on 21st April, 2019 upto 12.00 hours on 23 April, 2019 in so far as North Goa is concerned, shall not apply to the Petitioner''s event "Goafest" proposed to be held on 11th, 12, and 13th April, 2019. The Petitioner has also prayed for several other reliefs in furtherance of the writ of mandamus.

2. We have heard the learned counsel for both the parties at great length.

3. It is the case of the Petitioner that the Petitioner is extending help in organizing the said event and has been carrying on business for last several years. The Petitioner had conceived and planned of hosting a three day event by name "Goafest" on 11th, 12th and 13th April, 2019. It is the case of the Petitioner that since April 2018 onwards itself the Petitioner started making arrangements for hosting the said event and inviting various prominent persons, booking of the hotels, flights, venue, etc. for the said event and also has paid substantial amounts, in advance to large number of invitees and the live performers.

4. On 23rd April, 2019, the General Elections to two Lok Sabha Seats and few Assembly Constituencies in the the State of Goa are scheduled to be held. The Election Code of Conduct is in force since 10th March, 2019.

5. On 28th March, 2019, the learned District Magistrate, North Goa issued an order under Section 144 of the Code of Criminal Procedure, 1973, imposing various restrictions on sale and service of liquor in North Goa District. The Petitioner has impugned a part of the conditions imposed by the learned District Magistrate and more particularly, about the time restriction for service of liquor after 11.00 p.m. during the period from 11th April, 2019 to 13th April, 2019, when the said event organized by the Petitioner is proposed to be held in the premises of the Respondent No.3-hotel.

6. Mr. Sardessai, the learned Senior Counsel appearing for the Petitioner invited our attention to the various exhibits annexed to the Petition and also to the impugned order dated 28 March, 2019. He submits that the Petitioner has already started preparations of the event by name "Goafest 2019" which is proposed to be held on 11th, 12th and 13 April, 2019 since April, 2018. He invited our attention to the documents at Exhibits C and D-collectively annexed to the Petition and would submit that more than 3.46 crores of payment has already been made by the Petitioners to various invitees, live performers and towards various other expenses incurred on organizing the said event. It is submitted by the learned Senior Counsel that the liquor proposed to be served during those three days, has already been purchased by the Petitioner. All the invitees have even been informed of the service of liquor during such event after 11.00 p.m. on the dates of the said event. Teh said function has a total budget of ''5 crores 83 lakhs.

7. The learned Senior Counsel invited our attention to the fourth paragraph of the impugned order dated 28th April, 2019 and would submit at the outset that the said order invoking Section 144 of the Cr.P.C. could not have been passed at all in the facts and circumstances of this case. He submits that the learned District Magistrate has not indicated any prevailing law and order situation in the District which necessitated the proposed preventive action by the said order dated 28 March, 2019. He submits that none of the conditions prescribed under Section 144 of Cr.P.C. are satisfied in the