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Indian Hotel & Restaurant Association & Anr. v. State of Maharashtra & Anr.

Constitution of India — Art. 32 — Writ — Dance bar — It is contended that a condition has been imposed that the licensees shall comply with the 2016 rules within 60 days which is contrary to the tenor of the order passed by the court — Allowed the licensed three bars to function and directed the state to file the affidavit          (Paras 2 and 3)

(Dipak Misra, Shiva Kirti Singh and L. Nageswara Rao, JJ.)


 


Indian Hotel & Restaurant Association & Anr.___________ Petitioner(s)


 


v.


 


State of Maharashtra & Anr. _______________________ Respondent(s)


 


Writ Petition(s) (Civil) No(s). 793/2014, decided on May 13, 2016


 


With


 


SLP (C) No. 13764/2012, SLP (C) No. 8992/2013, Conmt. Pet. (C) No. 275/2014 In C.A. No. 2705/2006, Conmt. Pet. (C) No. 248/2014 in C.A. No. 2705/2006, SLP (C) No. 15953/2012


 


The Order of the court was delivered by


Order


 


1. Heard Mr. Jayant Bhushan, learned senior counsel for the petitioner, Ms. Pinky Anand, learned Additional Solicitor General for the State, Dr. Rajeev Dhavan learned counsel for respondent No. 3 and Mr. Sanjiv Sen, learned senior counsel for the respondent No. 5.


 


2. We have been apprised by the learned counsel for the State that three licenses have been issued. The said position is not disputed by Mr. Bhushan. However, it is submitted by Mr. Bhushan that a condition has been imposed that the licensees shall comply with the 2016 Rules within 60 days which is contrary to the tenor of the order passed by this Court. Be that as it may, we direct these three Dance Bars to function.


 


3. Let the matter be listed on 7.7.2016 to consider the aforesaid argument. That apart, this Court, on that day, shall also address to the conditions imposed by the State in respect of other applicants. However, the State authorities shall process the applications of the said applicants and point out the deficiencies, if any, to them and also file the same by way of an affidavit before this Court. As the State has granted 60 days, the said period shall not be reduced as the court is going to deliberate on the said issue.


 


4. Call on the date fixed.


 


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