Case Note & Summary
The petitioners, Renuka Sanskritik Kala Kendra and Natraj Sanskrutik Kala Kendra, are proprietors of tamasha troupes operating in Moha, Taluka Jamkhed, District Ahmednagar. They were granted performance licenses under the Rules For Licensing And Controlling Places Of Public Amusements (Other Than Cinemas) And Performances For Public Amusement, Including Cabaret Performances, Discotheque, Games, Pol Game Parlours, Amusement Parlours Providing Computer Games, Virtual Reality Games, Cyber Cafes, Games With net Connectivity, Bowling Alleys, Card Rooms, Social Clubs, Sports Clubs, Melas And Tamashas Rules, 1960 (hereinafter referred to as the Tamasha Rules). On 29-11-2019, the District Magistrate/Collector, Ahmednagar, passed orders cancelling the licenses of both petitioners. The cancellation orders were based on a report from the Tahsildar and Executive Magistrate, Jamkhed, but no show cause notice was issued to the petitioners prior to the cancellation, nor were they afforded any opportunity of hearing. The petitioners challenged these cancellation orders by filing Criminal Writ Petition No.2029 of 2019 and Criminal Writ Petition No.102 of 2020 before the Bombay High Court, Aurangabad Bench. The court considered the submissions of the petitioners' advocates, Mr. J. V. Patil and Mr. P. R. Katneshwarkar, and the respondents' advocates, Ms. V. S. Choudhary (APP for State) and Mr. S. S. Thombre (for Grampanchayat). The court observed that the cancellation of a license without prior notice and hearing is a clear violation of the principles of natural justice. The court held that the impugned orders are unsustainable and liable to be set aside. Accordingly, the court allowed both writ petitions and quashed the cancellation orders dated 29-11-2019. The court directed that the licenses shall be restored, but clarified that the authorities are at liberty to take appropriate action in accordance with law, after giving due opportunity of hearing to the petitioners, if any adverse action is contemplated in future.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of License - The District Magistrate cancelled the performance licenses of the petitioners without issuing any show cause notice or affording an opportunity of hearing, which is a clear violation of the principles of natural justice. The court held that the order of cancellation is unsustainable and liable to be set aside. (Paras 1-10) B) Entertainment Law - Performance License - Tamasha Rules - The licenses were granted under the Rules For Licensing And Controlling Places Of Public Amusements (Other Than Cinemas) And Performances For Public Amusement, Including Cabaret Performances, Discotheque, Games, Pol Game Parlours, Amusement Parlours Providing Computer Games, Virtual Reality Games, Cyber Cafes, Games With net Connectivity, Bowling Alleys, Card Rooms, Social Clubs, Sports Clubs, Melas And Tamashas Rules, 1960. The cancellation was based on a report of the Tahsildar and Executive Magistrate, but no prior notice was given to the petitioners. The court held that the cancellation without hearing is illegal. (Paras 1-10) C) Criminal Procedure Code - Section 144 - The District Magistrate had also issued an order under Section 144 of CrPC, but the court noted that the cancellation of licenses was independent of that order. The court did not delve into the merits of the Section 144 order. (Paras 1-10)
Issue of Consideration
Whether the cancellation of performance licenses granted to the petitioners under the Rules For Licensing And Controlling Places Of Public Amusements (Other Than Cinemas) And Performances For Public Amusement, Including Cabaret Performances, Discotheque, Games, Pol Game Parlours, Amusement Parlours Providing Computer Games, Virtual Reality Games, Cyber Cafes, Games With net Connectivity, Bowling Alleys, Card Rooms, Social Clubs, Sports Clubs, Melas And Tamashas Rules, 1960, by the District Magistrate without issuing any show cause notice or affording an opportunity of hearing is sustainable in law.
Final Decision
Both writ petitions are allowed. The impugned orders dated 29-11-2019 passed by the District Magistrate/Collector, Ahmednagar are quashed and set aside. The licenses of the petitioners shall be restored. However, the authorities are at liberty to take appropriate action in accordance with law, after giving due opportunity of hearing to the petitioners, if any adverse action is contemplated in future.
Law Points
- Natural Justice
- Audi Alteram Partem
- Cancellation of License Without Notice
- Section 144 CrPC
- Performance License
- Tamasha Rules
