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Altamas Kabir, S.S.NIJJAR
State of Maharashtra – Appellant
Versus
Indian Hotel & Restaurants Assn – Respondent


Counsel for the Parties
For the Appellants:Ms. Asha Gopalan Nair, Vishwajit Singh, Advocates.
For the Respondents:Mrs. V.D. Khanna, Ms. Meenakshi Arora, Ms. Aparna Bhat, Mr. Nikhil Nayyar, Naveen R. Nath, Manoj K. Mishra, Shiv Pati B. Pandey, K. Visen, Bhavanishankar V. Gadnis, Venkateswara Rao Anumolu, Anagha S. Desai, Advocates.

JUDGMENT

Surinder Singh Nijjar, J.—Leave granted in SLP (C) No.14534 of 2006.

2. These civil appeals seek to challenge common judgment and final order dated 12th April, 2006 in Writ Petition No.2450 of 2005, W.P. No.2052 of 2005, W.P.No.2338 of 2005 and W.P.No.2587 of 2005 passed by the High Court of Judicature at Bombay, whereby Section 33A of the Bombay Police Act, 1951 as inserted by the Bombay Police (Amendment) Act, 2005 has been declared to be ultra vires Articles 14 and 19(1)(g) of the Constitution of India.

Summary of Facts –

3. Brief facts leading to the filing of the aforesaid writ petitions are –

The Bombay Police Act, 1951 (hereinafter ‘the Act’) was enacted in the year 1951 with the object of consolidating and amending the law relating to the regulation of the exercise of powers and performance of the functions by the State Government for maintenance of public order. Section 33 of the Act authorises the State Government to frame rules regulating places of public amusement and entertainment. By virtue of Section 33 of the Act, the “Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for Public Amusement including Melas &

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