The police cannot impose restrictions on the operating hours of convenience stores, which are permitted to operate 24x7 under the Maharashtra Shops and Establishments Act, 2017.

JUDGMENT :

G.S. Kulkarni, J.

1. Rule, made returnable forthwith. Learned AGP for the respondents waives service. By consent of the parties, heard finally.

2. A new concept of 24 x 7 shopping for daily needs introduced by the petitioner under its brand “The New Shop” situated at Hadapsar, Pune, being illegally hindered by the police is the grievance of the petitioner.

3. The petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India has prayed for the following substantive reliefs:

“b) This Hon’ble Court be pleased to issue writ in the nature of mandamus directing Respondent no. 2 and 3 not to coerce and force the petitioner to shut its convenience store namely “the New Shop” situated at Shop no. 7, Kumar Prism, Mundhwa Road, Opposite Maruti Showroom, Amanora Park Town, Hadapsar, Pune, Maharashtra – 411 028 and its operations after 10.00 – 11.00 p.m.”

4. The petitioner is inter alia engaged in the business of operating, franchising and licensing Pan India, a highly specialized network of 24x7 convenience retail stores under the said brand name “The New Shop” is stated to be catering to the common needs, of the public at large. It is the petitioner’s case that the petitioner is also a recognized startup by the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India (DPIIT) and a certified and registered Micro, Small and Medium Enterprises (MSME). The petitioner has stated that it is also the owner of brand name “The New Shop”. A copy of certificate of registration of its trademark is annexed to the petition. The petitioner contends that the ‘convenience store’, run by it falls within the definition of “Shop & Establishment”, under Section 2 of the “The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 ” (for short “2017 Act”).

5. It is the petitioner’s case that the petitioner’s convenience store situated at Pune is located within the jurisdiction of respondent no. 3, namely, the Police Station, Hadapsar. According to the petitioner, the police officers from the said police station are arbitrarily imposing a closing hours condition on the petitioner, thereby preventing the petitioner from running its stores beyond 10.00-11.00 p.m. This despite the fact that no such restrictions are imposed under any law, as also no such conditions are imposed by respondent no. 1, which is the competent authority to regulate opening and closing hours of various establishments under the 2017 Act. It is thus the petitioner’s contention that the actions of respondent no. 3 are arbitrary and illegal, as the police has no jurisdiction to regulate the said timings in relation to the petitioner’s store.

6. It is also the petitioner’s case that the 2017 Act confers powers on respondent no. 1 to regulate the opening and closing hours of the different classes of establishments in the State of Maharashtra, which nowhere provides or imposes any restrictions on such closing hours (beyond 10.00 – 11.00 p.m./night hours) qua such convenience stores. Hence, it is deemed that a convenience store is allowed to operate 24 x 7. The petitioner has next contended that respondent no. 1 exercising its power under Section 11 of the 2017 Act has issued a notification dated 19 December, 2017, thereby restricting operating hours in respect of only “three classes” of establishments, firstly, permit rooms, beer bars, dance bars, hookah parlours, discotheques and all other establishments where liquor of any kind is served; secondly, wine and all kinds of liquor shops; and thirdly, theatres and cinema exhibition houses.

7. The petitioner has further contended that on 31 January, 2020, respondent no.1 exercising its power under Section 11 of the 2017 Act lifted the previous operating hours restrictions imposed on ‘theatres and cinema exhibition houses” and allowed these establishments to operate 24 hours as seen from entry no. 3, which was in re