Bombay High Court Allows Petition for Entertainment License for Orchestra in Restaurant, Quashes Rejection Based on Unsubstantiated Police Objections. The court held that the Commissioner of Police cannot reject an entertainment license application solely on the ground of potential law and order issues without concrete evidence of past violations or adverse reports.

High Court: Bombay High Court Bench: BOMBAY In Favour of Accused

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2026-05-18 14:36:06

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Case Note & Summary

The petitioner, Shivaji Sambu Waghralkar, sole proprietor of M/s Hausa Restaurant & Bar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 14th August 2025 passed by the Divisional Commissioner, Konkan Division, which dismissed his appeal against the rejection of his application for an Entertainment License to operate an orchestra at his establishment. The petitioner's restaurant and bar is located in a fully commercial building named 'The Affaire' in Sanpada, Navi Mumbai. He already possessed an Eating House License from the Municipal Corporation and a Foreign Liquor License-III under the Foreign Liquor Rules, 1953. He applied for an Orchestra License for live music performances, explicitly stating that he did not intend to hold dance performances. The Commissioner of Police, Navi Mumbai, rejected the application on 24th February 2025, citing potential law and order issues. The petitioner appealed to the Divisional Commissioner, who dismissed the appeal on 14th August 2025. The petitioner then approached the High Court. The court observed that the rejection was based on vague apprehensions without any specific instances of past violations or adverse reports. The appellate authority also failed to provide a reasoned order. The court held that the discretion under Section 33 of the Bombay Police Act, 1951 must be exercised judiciously based on material evidence. The court quashed the impugned orders and directed the Commissioner of Police to reconsider the application afresh, taking into account the petitioner's compliance with all other requirements and the fact that the premises are in a commercial area. The petition was allowed with no order as to costs.

Headnote

A) Entertainment License - Orchestra License - Rejection by Police Commissioner - The Commissioner of Police rejected the petitioner's application for an Entertainment License to operate an orchestra at a restaurant and bar, citing potential law and order issues. The court held that such rejection must be based on concrete evidence of past violations or adverse reports, not mere apprehension. The order was set aside as it lacked specific reasons and was based on unsubstantiated objections. (Paras 2-6)

B) Natural Justice - Reasoned Order - The appellate authority (Divisional Commissioner) dismissed the appeal without providing a reasoned order, merely concurring with the police commissioner's decision. The court held that the appellate authority must independently assess the grounds and provide a reasoned decision. The matter was remanded for fresh consideration. (Paras 7-8)

C) Bombay Police Act, 1951 - Section 33 - Entertainment License - The court interpreted Section 33 of the Bombay Police Act, 1951, which empowers the Commissioner to grant or refuse licenses for public entertainment. The discretion must be exercised judiciously, based on material evidence, and not arbitrarily. The court directed the Commissioner to reconsider the application afresh, considering the petitioner's compliance with all other requirements. (Paras 9-10)

Issue of Consideration

Whether the Commissioner of Police can reject an application for an Entertainment License for an orchestra in a restaurant and bar solely on the ground of potential law and order issues without any specific instances of past violations or adverse reports.

Final Decision

The court allowed the petition, quashed the impugned orders dated 24th February 2025 and 14th August 2025, and directed the Commissioner of Police, Navi Mumbai, to reconsider the petitioner's application for an Entertainment License afresh, taking into account the petitioner's compliance with all other requirements and the fact that the premises are in a commercial area. The court also directed that the reconsideration be done within a period of four weeks from the date of the order. No order as to costs.

Law Points

Entertainment License
Orchestra License
Police Commissioner's discretion
Law and order
Natural justice
Reasoned order
Bombay Police Act
1951
Section 33
Section 33A
Foreign Liquor Rules
1953

Case Details

2026:BHC-AS:15781

Writ Petition No. 12910 of 2025

2026-04-02

N. J. Jamadar, J.

2026:BHC-AS:15781

Mr. Bernardo Reis, a/w Pratik Dixit, i/b Parampara Mistry, for the Petitioner; Mr. V. G. Badgujar, AGP for the State

Shivaji Sambu Waghralkar, Sole Proprietor of M/s Hausa Restaurant & Bar

1. The Commissioner of Police, Navi Mumbai; 2. Senior Police Inspector of Police, Vashi Police Station

Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India challenging the rejection of an application for an Entertainment License for an orchestra in a restaurant and bar.

Remedy Sought

The petitioner sought quashing of the order dated 14th August 2025 passed by the Divisional Commissioner, Konkan Division, and the order dated 24th February 2025 passed by the Commissioner of Police, Navi Mumbai, and a direction to grant the Entertainment License.

Filing Reason

The petitioner's application for an Entertainment License to operate an orchestra at his restaurant and bar was rejected by the Commissioner of Police on grounds of potential law and order issues, and the appeal to the Divisional Commissioner was dismissed without a reasoned order.

Previous Decisions

The Commissioner of Police, Navi Mumbai, rejected the application on 24th February 2025. The Divisional Commissioner, Konkan Division, dismissed the appeal on 14th August 2025.

Issues

Whether the Commissioner of Police can reject an application for an Entertainment License for an orchestra in a restaurant and bar solely on the ground of potential law and order issues without any specific instances of past violations or adverse reports. Whether the appellate authority (Divisional Commissioner) must provide a reasoned order while dismissing an appeal against rejection of an entertainment license.

Submissions/Arguments

The petitioner argued that the rejection was based on vague apprehensions and not on any concrete evidence of past violations or adverse reports. The petitioner also contended that the appellate authority failed to provide a reasoned order. The respondents (State) argued that the Commissioner of Police has the discretion to refuse a license if it is likely to cause a disturbance of the peace or lead to a breach of law and order.

Ratio Decidendi

The discretion under Section 33 of the Bombay Police Act, 1951 to grant or refuse an entertainment license must be exercised judiciously based on material evidence and not on mere apprehension. The appellate authority must provide a reasoned order independently assessing the grounds of appeal.

Judgment Excerpts

The petitioner is the owner of M/s. Hausa Restaurant and Bar (the establishment) situated in a fully commercial building named 'The Affaire'... The Commissioner of Police, Navi Mumbai, rejected the application on 24th February 2025, citing potential law and order issues. The appellate authority also failed to provide a reasoned order.

Procedural History

The petitioner applied for an Entertainment License for an orchestra at his restaurant and bar. The Commissioner of Police, Navi Mumbai, rejected the application on 24th February 2025. The petitioner appealed to the Divisional Commissioner, Konkan Division, who dismissed the appeal on 14th August 2025. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Judicature at Bombay, which was heard and allowed on 2nd April 2026.