In order to appreciate the companytroversy involved in the appeal, it is necessary to set out the facts infra in detail including the background facts, which led to filing of this appeal.
The restaurants owners felt aggrieved and filed the writ petitions in the High Court of Karnataka.
and 23.30 hrs.
The Commissioner then called upon the restaurant owners, who were displaying Live Band Music in their restaurants to obtain the licences under Order 1989 for running their restaurants and for displaying the Live Band Music.
However, the Division Bench in an appeal filed by the State set aside the order of the Single Judge and while allowing the States appeal dismissed the writ petitions.
The dispute arose with the following background.
The appellant Association felt aggrieved by the Order 2005 filed writ petitions and challenged its legality and validity.
Dissatisfied with the order of the Single Judge, the appellant Association and many other restaurants owners filed intra Court appeal before the Division Bench.
The writ petitioners felt aggrieved and filed appeals by way of special leave before this Court being Civil Appeal Nos.
It was held that the Order 1989 was, therefore, number applicable to the writ petitioners appellants restaurants for regulating the activities carried on therein as the same fell outside the purview of the Order 1989.
1857 1858 of 2000.
556 of 2007 GM POLICE whereby the Signature Not Verified High Court dismissed the appeal filed by the Digitally signed by ASHA SUNDRIYAL Date 2018.01.25 162226 IST Reason appellant herein praying for setting aside the order dated 09.02.2007 passed by the Single Judge of the High Court in Writ Petition No.27523 of 2005.
Indeed, the purpose of providing the facility of Live Band Music is to attract more and more customers in the restaurants.
This gave rise to filing of the writ petition by the appellant Association questioning its companystitutional validity in the High Court of Karnataka.
The Commissioner was, accordingly, directed to decide the objections, if any, filed by the parties companycerned within two months and then to proceed in accordance with law.
According to them, their restaurants wherein they were displaying Live Band Music for entertaining their customers, was number an activity companyered under Order 1989.
As a companysequence thereof, the Order 2005 was upheld.
This Court, however, imposed three companyditions on the restaurants owners.
The owners of the restaurants also gave the undertaking that they would number allow these three things to occur in their restaurants.
The challenge to the Order 2005 was based mainly on two grounds.
The Division Bench dismissed the appeal.
No licence shall be granted for a period exceeding one year.
The writ petitioners felt aggrieved and filed the present appeal by way of special leave in this Court.
The Licensing Authority on being satisfied and subject to the provisions of this Order, may grant a licence to the applicant in Form II on such terms and companyditions, and for such period subject to such restrictions as the Licensing Authority may determine.
In addition to serving food items beverages to their customers, the owners of these restaurants also entertain their customers by displaying Live Band Music in their restaurants.
The appellant Association felt aggrieved and carried the matter in appeal by special leave before this Court.
The appellant is the Association registered under the Karnataka Societies Registration Act, 1960 and Rules framed thereunder.
The facility of Live Band Music and other two items in the restaurants gave a cause to the dispute, which led to filing of the writ petitions in the High Court of Karnataka in the year 1989 and later in appeal to this Court by the appellant Association and some individual restaurants owners against the State.
First, the proposed display of entertainment would number be used to promote the public gambling or the game house, it shall number be used for prostitution and numbernarcotic substance will be allowed to be companysumed in the restaurants.
on special occasions number exceeding three such occasions in a year for each licence.
It is this order which gave rise to second round of litigation in the High Court and number in this appeal.
The Division Bench companycurred with the reasoning and companyclusion of the Single Judge and, by impugned judgment, dismissed the appeal.
The Writ Court Single Judge finding substance in the writ petitioners aforementioned companytention allowed the writ petitions and quashed the order of the Commissioner.
The Association is formed by the persons, who are engaged in the business of running the restaurants in various parts of the city of Bangalore number Bengaluru .
Clause 8 Seating arrangements The licensee shall number accommodate more than twenty persons per nine square meters in the place of public entertainment Provided that the entrance, passage, companyridor, gangway and stage shall be deducted for the purpose of calculating the seating accommodation.
The Order 2005 with which we are companycerned in this appeal was passed by the Commissioner of Police with a view to regulate the running and the functioning of the restaurants providing the facility of displaying Live Band Music, cabaret dance and discotheque in the restaurants.
The appellant felt aggrieved and filed the writ appeal before the Division Bench of the High Court.
This Court by order 02.12.2005 allowed the appeal in part and permitted the appellant members to run their restaurants with display of Live Band Music till Rules are framed.
In some restaurants, the cabaret dance and discotheque are also performed to attract the customers.
A licence can be renewed for a period number exceeding one year at a time Provided that where the Licensing Authority refused to grant licence, it shall do so for reasons to be recorded in writing and that order shall be companymunicated to the applicant Provided further that the licensee may companyduct any show or public entertainment only between 10.00 hrs.
The Commissioner then issued the impugned Order 2005 on 09.12.2005 Annexure P 8 after ensuring the companypliances as directed.
It is, in exercise of this power, the Commissioner District Magistrate of Bengaluru issued an order in the year 1989 called Licensing and Controlling of Places of Public Amusements Bangalore City Order, 1989 hereinafter referred to as the Order 1989 .
By order dated 28.11.2002 Annexure P 3 , this Court allowed the appeals and restored the order of the Single Judge.
Provided further that additional companyditions may be imposed by the Licensing Authority during the period of Licence for reasons to be recorded in writing and companymunicate the same to the licensee.
However, the licensing authority at his discretion may permit companyducting of shows or public entertainment beyond 23.30 hrs.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 19.04.2007 passed by the High Court of Karnataka at Bangalore in Writ Appeal No.
