Case Note & Summary
The petitioner, Jagdish N. Shetty, sole proprietor of M/s. Om Sai Video Game Parlour, applied for a licence under the Bombay Police Act, 1951 to operate a video game parlour at Shop No.13, Sanpada, Navi Mumbai. The application was made on 20 October 2009. After no decision for six months, the petitioner filed Writ Petition No.3448 of 2010, which was disposed of on 30 April 2010 with directions to the Commissioner of Police to decide expeditiously. On 29 June 2010, the Commissioner refused the licence on grounds of no independent parking space and potential law and order issues. The petitioner appealed to the Minister (Home), which was dismissed on 6 February 2012. The petitioner then filed Writ Petition No.3962 of 2012, which was disposed of on 4 September 2012, directing the Commissioner to reconsider after considering a traffic police report. The Commissioner again refused on similar grounds. The petitioner filed the present writ petition. The Court held that the refusal was not based on any material evidence of nuisance or traffic hazard. The traffic police report did not specifically object to the parlour. The Court directed the Commissioner to grant the licence within four weeks, subject to conditions regarding parking and law and order. The petition was allowed.
Headnote
A) Bombay Police Act, 1951 - Licensing of Video Game Parlour - Section 33(1)(w) - Reasonable Exercise of Power - The Commissioner of Police refused licence on grounds of no independent parking and potential law and order issues. The Court held that the refusal was not based on any material evidence of nuisance or traffic hazard, and the traffic police report did not specifically object to the parlour. The Court directed grant of licence subject to conditions. (Paras 1-15) B) Administrative Law - Reasonable Exercise of Discretion - The Court emphasized that the Commissioner's discretion under the Bombay Police Act must be exercised reasonably and not arbitrarily. The mere possibility of law and order issues without specific instances does not justify refusal. (Paras 10-15)
Issue of Consideration
Whether the Commissioner of Police can refuse a licence under the Bombay Police Act, 1951 for a video game parlour solely on the ground of lack of independent parking space and potential law and order issues, without specific evidence of nuisance or traffic hazard.
Final Decision
The Court allowed the writ petition, quashed the impugned order of refusal, and directed the Commissioner of Police to grant the licence within four weeks, subject to conditions regarding parking and law and order.
Law Points
- Licensing under Bombay Police Act
- 1951 must be based on reasonable grounds
- not mere apprehension
- Traffic police report cannot override local police NOC without specific reasons
- Video game parlour not per se a nuisance
- Commissioner's discretion must be exercised reasonably and not arbitrarily.
