Licences cannot be cancelled on grounds beyond the violation of conditions of the licence, as stipulated in Rule 238 of the Rules.

JUDGMENT :

1. The petitioners in both the writ petitions are challenging the order passed by the respondent No.2 District Magistrate/Collector, Ahmednagar bearing Outward No.D.C./Karya-9D/1076/2019, dated 29-11-2019 and D.C./Karya-9D/1075/2019 of the same date, thereby cancelling the performance licences granted to the petitioners under the Rules For Licensing And Controlling Places of Public Amusements (Other Than Cinemas) And Performances For Public Amusement, Including Cabaret Performances, Discotheque, Games, Pol Game Parlours, Amusement Parlours Providing Computer Games, Virtual Reality Games, Cyber Cafes, Games With net Connectivity, Bowling Alleys, Card Rooms, Social Clubs, Sports Clubs, Melas And Tamashas Rules, 1960 (Hereinafter referred to as “Rules”).

2. FACTS IN CRIMINAL WRIT PETITION NO.2029 of 2019:-

The petitioner contend that the said Kala Kendra was initially started in 2013 under the licence dated 19-06-2012 issued by Taluka Executive Magistrate, Jamkhed. The said licence has been renewed from time to time. The last renewal was on 11-02-2019. The Kala Kendra is situated in Gut No.68/1 and 69/2 in village Moha Taluka Jamkhed District Ahmednagar. The petitioner has taken huge loan for construction of the Kala Kendra. It is the only earning source for the performers who are performing in the said Kala Kendra. At the time of grant of licence as well as at the time of subsequent renewals thereto, all the procedure as contemplated under the Act and the Rules have been followed. There are about 39 female and 19 male performers, out of them 10 are the permanent employees. The popularity of the Kala Kendra got increased, and therefore, the villagers from Moha with the political influence, started creating pressure on the State authorities. A proposal was submitted on 26-11-2018 to the District Magistrate, Ahmednagar to cancel the licence granted to the petitioner. Show cause notice was issued on 26-02-2019 and reply was solicited from the petitioner within 24 hours. It was also stated in the show cause notice that if the petitioner failed to give reply within the said period then it would be presumed that the petitioner does not want to respond. However, the petitioner made request to the respondent No.1 to grant time to file reply, but that was rejected. Under the said circumstance, she was constrained to file the reply on the same day i.e. 27-02-2019 on the basis of the record available before the petitioner. The respondent No.1- State hurriedly, hastily and without application of mind passed order on 01-03-2019 suspending the licence of the petitioner. Therefore, the petitioner approached this Court by filing Criminal Writ Petition No.442 of 2019. After considering the affidavit-in-reply in which there was mention of report by District Superintendent of Police; the petitioner has withdrawn the said writ petition with liberty to prosecute the proceedings pending before respondent No.1. Directions were given to the respondent No.1 to decide the matter in time bound manner. Thereafter, the respondent No.1 passed the impugned order dated 29-11-2019 thereby cancelling the licence granted to the petitioner. It has been wrongly stated by the learned Additional District Magistrate while passing the said order that the petitioner has committed breach of conditions of licence. In fact, the petitioner has not violated any terms. First Information Reports were considered by the State/Additional District Magistrate bearing No.94 of 2015, 122 of 2016, 121 of 2016 and 43 of 2009, however they are against some other person and not in respect of the petitioner. When the petitioner is not involved in any crime or in any way the premises of the petitioner is not involved in those crimes, merely because some incident had taken place at a different place, it cannot be the ground for cancellation of the duly issued licence in favour of the petitioner. Therefore, the said order passed by the Additional District Magistrate is illegal and des