Shashwathi Enterprises vs Commissioner Of Police on 26 September, 2014

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Karnataka High Court

Shashwathi Enterprises vs Commissioner Of Police on 26 September, 2014

Bench: A.N.Venugopala Gowda

                           -1-

     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 26th DAY OF SEPTEMBER, 2014

                        BEFORE

     THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA

       WRIT PETITION Nos.37499/2014 and 37604/2014
                       (GM-POLICE)


BETWEEN

1.     SHASHWATHI ENTERPRISES
       NO1/3, I ST FLOOR, SUJATHA COMPLEX,
       1ST MAIN ROAD, GANDHINAGAR,
       BANGALORE-560009
       REPRESENTED BY MANAGING PARTNER
       MOHAN M SHETTY
       S/O MABU SHETTY
       AGE-ABOUT 47 YEARS.

2.   SAMRUDDHI ENTERPRISES
     VEENA MANSION, NO 186/10
     1ST FLOOR, J.C.COMPLEX,
     SIRUR PARK ROAD,
     SESHADRIPURAM,
     BANGALORE-5600020
     REPRESENTED BY ITS MANAGING PARTNER
     ASHOK HEGDE
     S/O SADANANDA HEGDE
     AGE ABOUT 50 YEARS.
                                       ... PETITIONERS
(By Sri. DEVI PRASAD SHETTY, ADV.)

AND

1.     COMMISSIONER OF POLICE
       LICENSING AUTHORITY
       INFANTRY ROAD,
       BANGALORE-560001.
                            -2-


2.   DEPUTY COMMISSIONER OF POLICE
     ADMINISTRATION
     OFFICE OF COMMISSIONER OF POLICE,
     INFANTRY ROAD,
     BANGALORE-560001.

3.   DEPUTY COMMISSIONER OF POLICE
     WEST DIVISION
     UPPERPET, BANGALORE-560 001.

4.   DEPUTY COMMISSIONER OF POLICE
     CENTRAL DIVISION
     CUBBON PARK,
     BANGALORE-560 001.
                                         ... RESPONDENTS

(By Sri.VIJAYKUMAR A.PATIL, HCGP)


      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
DIRECT THE R1 TO 2 TO CONSIDER THE APPLICATIONS AS PER
ANN-C & C1, DT.17.8.13 OF THE PETITIONERS FOR THE YEAR
2014-15 FOR ISSUANCE OF THE DISCOTHEQUE LINCENSE AND
ETC.,

    THESE PETITIONS COMING ON FOR PRLY. HEARING 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING: -


                       ORDER

Heard Sri Devi Prasad Shetty, learned Advocate for the petitioners and Sri Vijaykumar A Patil, learned HCGP, for the respondents and perused the writ petition record.

-3-

2. Petitioners made an application, dated 17.8.2013, as at Annexure-C, in the prescribed form for renewal of licence to conduct discotheque, in their premises No.1/3, Sujatha Complex, 1st Main Road, Gandhinagar, Bangalore-09. The application made on 17.8.2013 was for the period 2013-14. The application having not been considered, asking for a mandamus to consider the applications as per Annexures-C and C1, for the year 2014-15 i.e., for issuance of discotheque licence, this writ petition was filed.

3. From perusal of Annexure-C1, it is clear that the licence was sought, on 17.8.2013, for one year period i.e. 2013-14. The period for which the licence was sought as per the said application having expired, mandamus cannot be issued to the respondents to consider Annexure-C and C1 and pass orders. -4-

In the said view of the matter, this writ petition is disposed of permitting the petitioners to submit a fresh application, for consideration and decision by the respondents, with expedition and within a period of six weeks from the date the application is accompanied by the relevant enclosures, etc., if any, is submitted.

No costs.

Sd/-

JUDGE AP/-

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Karnataka High Court