Case Note & Summary
The petitioner, M/s Hotel Sadguru Restaurant and Bar, through its proprietor Nagesh Padmappa Suvarna, challenged an order dated 13th February 2026 passed by the Appellate Authority (Divisional Commissioner of Konkan Division) dismissing Appeal No. 55 of 2025. The appeal was against an order of cancellation of the Performance Licence dated 7th July 2025 by the Competent Authority. The petitioner had been granted a Performance Licence under Rule 109 of the Rules of Licensing and Controlling place of Public Amusement (other than Cinemas) and Performances for Public Amusement including Melas and Tamashas, 1960. On 28th February 2024 and 8th June 2024, raids were conducted at the hotel revealing multiple breaches: the stage size was altered from 10x12 feet to 8x7 feet, the orchestra stage was shifted from ground floor to first floor, female singers performed indecent dances, seven female singers were found hiding in an enclosed room, and the number of singers exceeded the permitted eight (19 female singers on 28th February and 15 female and one male singer on 8th June). A show cause notice was issued, and after considering the petitioner's reply, the licence was cancelled. The Appellate Authority affirmed the cancellation. The High Court, in a writ petition under Articles 226 and 227 of the Constitution, found no illegality or perversity in the orders and dismissed the petition, upholding the cancellation.
Headnote
A) Public Amusement - Cancellation of Licence - Rule 109 of the Rules of Licensing and Controlling place of Public Amusement (other than Cinemas) and Performances for Public Amusement including Melas and Tamashas, 1960 - The petitioner's Performance Licence was cancelled due to multiple breaches including unauthorized structural changes, indecent performances, and exceeding the permitted number of singers. The Appellate Authority dismissed the appeal, affirming the cancellation. The High Court upheld the decision, finding no perversity or illegality in the orders. (Paras 2-5)
B) Natural Justice - Show Cause Notice - Rule 109 of the Public Amusement Rules, 1960 - The petitioner was issued a show cause notice and given an opportunity to be heard before the cancellation. The court held that the principles of natural justice were complied with. (Para 4)
Issue of Consideration
Whether the order of the Appellate Authority affirming the cancellation of the Performance Licence under Rule 109 of the Public Amusement Rules, 1960 was legal and proper.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Appellate Authority and the cancellation of the Performance Licence.
Law Points
- Cancellation of licence for public amusement
- Violation of licence conditions
- Rule 109 of Public Amusement Rules 1960
- Appellate Authority's power to affirm cancellation
- Natural justice in cancellation proceedings
Case Details
Writ Petition No. 3680 of 2026 with Writ Petition No. 1528 of 2026 and Interim Application No. 1468 of 2026
Mr. R.D. Soni, with Sujay N. Gawade, Mudita Pawar with Mihika Save, i/b Shree & Co, for the Petitioner in WP/3680/2026; Mr. M.V. Holamagi, i/b Sujit Holamagi, for the Petitioner in WP/1528/2026; Mr. P.G. Sawant, AGP, for the Respondents-State
M/s Hotel Sadguru Restaurant and Bar through its proprietor Nagesh Padmappa Suvarna
State of Maharashtra and others
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Appellate Authority affirming cancellation of Performance Licence.
Remedy Sought
The petitioner sought to quash and set aside the order dated 13th February 2026 passed by the Appellate Authority dismissing the appeal against cancellation of licence.
Filing Reason
The petitioner's Performance Licence was cancelled due to alleged breaches of licence conditions and Public Amusement Rules, 1960, and the appeal against cancellation was dismissed.
Previous Decisions
The Competent Authority cancelled the Performance Licence on 7th July 2025. The Appellate Authority dismissed the appeal on 13th February 2026.
Issues
Whether the cancellation of the Performance Licence was justified based on the alleged breaches.
Whether the Appellate Authority's order affirming cancellation was legal and proper.
Submissions/Arguments
The petitioner argued that the order of cancellation and the appellate order were illegal and perverse.
The respondents supported the orders, citing the breaches found during raids.
Ratio Decidendi
The court held that the petitioner failed to comply with the conditions of the Performance Licence and the Public Amusement Rules, 1960, and the authorities were justified in cancelling the licence. The orders were not perverse or illegal.
Judgment Excerpts
This Petition under Article 226 and 227 of the Constitution of India assails the legality, propriety and correctness of an order dated 13th February 2026 passed by the Appellate Authority (R2) in Appeal No. 55 of 2025, whereby the Appeal preferred by the Petitioner against an order of cancellation of the Performance Licence dated 7th July 2025, came to be dismissed by affirming the order of cancellation of licence, passed by the Competent Authority.
During the course of the inspection, it transpired that there were multiple breaches of the Public Amusement Rule, 1960 and the conditions of licence: (i) the size of stage was altered to 8 x 7 feet instead of 10 x 12 feet, (ii) the stage of orchestra was shifted from ground floor to the first floor, (iii) female singers were performing dance in an indecent manner, (iv) seven female singers were found concealing their presence in an enclosed room, and (v) though under the licence, the Petitioner was entitled to have eight male/female singers, on 28th February 2024, 19 female singers and 8th June 2024, 15 female and one male singers were found in the licenced premises.
Procedural History
The Competent Authority cancelled the Performance Licence on 7th July 2025. The petitioner appealed to the Divisional Commissioner of Konkan Division (Appeal No. 55 of 2025), which was dismissed on 13th February 2026. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India.
Acts & Sections
- Rules of Licensing and Controlling place of Public Amusement (other than Cinemas) and Performances for Public Amusement including Melas and Tamashas, 1960: Rule 109
- Constitution of India: Article 226, Article 227
