Case Note & Summary
The petitioner, Ram Baburao Haral, operates a canteen at the S.T. bus stand in Beed, Maharashtra, under a valid license granted by the Maharashtra State Road Transport Corporation (MSRTC). The canteen is registered under the Maharashtra Shops and Establishment Act. The petitioner was aggrieved by the police department's high-handedness in prohibiting him from operating the canteen during night hours from 11:00 p.m. to 4:00 a.m. He had previously approached the High Court in Writ Petition No.253/2014, where an order dated 02.05.2014 observed that restrictions on operating after 11:00 p.m. were not applicable to him due to exemptions under the Shops and Establishment Act and the Bombay Police Act, 1951. Despite this, the police continued to interfere. In the present petition, the court noted undisputed facts: the canteen is registered under the Maharashtra Shops and Establishment Act, the petitioner holds a valid license, MSRTC confirmed the license was legally granted, and Section 4 of the Act read with Schedule II Entry 13 provides exemption from night closure. The court also considered an 11-page compilation from the police and the earlier order. The court held that the police cannot override statutory exemptions and directed the police not to interfere with the petitioner's lawful business during night hours. The petition was allowed with rule made absolute.
Headnote
A) Shops and Establishments - Night Operation Exemption - Section 4, Schedule II Entry 13 of Maharashtra Shops and Establishment Act - Petitioner's canteen registered under the Act and validly licensed by MSRTC - Police prohibited night operation from 11 p.m. to 4 a.m. - Court held that exemption under Section 4 read with Schedule II Entry 13 applies, and police cannot impose restrictions contrary to statutory exemption - Earlier order in WP 253/2014 dated 02.05.2014 also recognized exemption - Petition allowed (Paras 5-7).
B) Police Powers - Bombay Police Act, 1951 - Exemption from night closure - Petitioner's canteen at S.T. bus stand is exempted under Bombay Police Act, 1951 - Police action of prohibiting night operation was without authority - Court directed police not to interfere with petitioner's lawful business during night hours (Paras 5-7).
Issue of Consideration
Whether the police can prohibit the petitioner from operating his licensed canteen during night hours (11:00 p.m. to 4:00 a.m.) despite statutory exemptions under the Maharashtra Shops and Establishment Act and the Bombay Police Act, 1951.
Final Decision
The petition is allowed. Rule is made absolute. The respondents, particularly the police, are directed not to interfere with the petitioner's lawful business of operating the canteen during night hours from 11:00 p.m. to 4:00 a.m., in view of the exemptions under the Maharashtra Shops and Establishment Act and the Bombay Police Act, 1951.
Law Points
- Exemption from night closure restrictions
- Maharashtra Shops and Establishment Act
- Bombay Police Act 1951
- License holder rights
- Police cannot override statutory exemptions
Case Details
2023 LawText (BOM) (06) 18
Writ Petition No.6081 of 2023
Ravindra V. Ghuge, Y. G. Khobragade
Mr. J. M. Murkute for Petitioner, Mr. S. W. Munde AGP for State, Mr. A. B. Dhongade for Respondent No.2
The State of Maharashtra, The Divisional Controller MSRTC Beed, The District Collector Beed, The Superintendent of Police Beed, A. G. Gurle (API)
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Nature of Litigation
Writ petition against police prohibition of night operation of canteen
Remedy Sought
Petitioner sought direction to police not to interfere with operation of canteen during night hours (11:00 p.m. to 4:00 a.m.)
Filing Reason
Police prohibited petitioner from operating his licensed canteen at S.T. bus stand during night hours despite statutory exemptions
Previous Decisions
In Writ Petition No.253/2014, this Court observed on 02.05.2014 that restrictions on operating after 11:00 p.m. are not applicable to petitioner due to exemption under Shops and Establishment Act and Bombay Police Act, 1951
Issues
Whether police can prohibit operation of a licensed canteen during night hours when statutory exemptions apply?
Whether the earlier order of this Court in WP 253/2014 is binding on the police?
Submissions/Arguments
Petitioner argued that his canteen is registered under Maharashtra Shops and Establishment Act, he holds a valid license from MSRTC, and Section 4 read with Schedule II Entry 13 grants exemption from night closure.
Police argued that night operation was prohibited due to law and order concerns, but did not provide specific legal basis to override statutory exemptions.
Ratio Decidendi
Where an establishment is registered under the Maharashtra Shops and Establishment Act and holds a valid license, and is exempted under Section 4 read with Schedule II Entry 13 from night closure restrictions, the police cannot prohibit its operation during night hours, especially when such exemption is also recognized under the Bombay Police Act, 1951. The earlier judicial order recognizing the exemption is binding.
Judgment Excerpts
The undisputed factors are as under: (a) The Petitioner’s canteen is registered under the Maharashtra Shops and Establishment Act. (b) The Petitioner is a valid license holder. (c) The M.S.R.T.C. submits that the Petitioner has been legally granted the license to operate the canteen. (d) Section 4 of the Maharashtra Shops and Establishment Act provides for granting exemption to establishments mentioned in Column 2 and Entry No.13 of Schedule-II.
When the Petitioner was before this Court in Writ Petition No.253/2014, this Court has observed in its order dated 02.05.2014 that the restrictions of not operating the shop after 11.00 p.m., is not applicable to the Petitioner in view of the exemption clause and considering the exemption available even under the Bombay Police Act, 1951.
Procedural History
Petitioner filed Writ Petition No.253/2014 which was disposed of on 02.05.2014 with observations that night restrictions do not apply. Despite this, police continued to prohibit night operation. Petitioner then filed the present Writ Petition No.6081/2023. The court heard the matter on 20.06.2023 and allowed the petition.
Acts & Sections
- Maharashtra Shops and Establishment Act: Section 4, Schedule II Entry 13
- Bombay Police Act, 1951:
