- (1.) Heard Mr. Lotlikar, the learned counsel for the petitioner. The challenge in this petition is to the order dated 12/6/2019 made by the Director of Tourism (Respondent no.2) cancelling the shack licence allotted to the petitioner inter alia for filing of a false affidavit in relation to the pendency of criminal cases against him.
(2.) In the year 2013 and 2016, the petitioner, filed affidavits by making following statements: "That I do not have a criminal background and there is no charge sheet pending against me in any criminal court in India as on date of submission of the application for temporary shack."
(3.) The filing of aforesaid affidavits was necessary in terms of the tourism policy for erection of temporary structures, beach shacks and others 2016- 2019 which embodies the terms and conditions for such purpose. The most relevant clause in this regard is Clause 25 which reads thus: " The applicant in public beach shacks should not have a criminal background or should not have been charged for an offence involving, violence,drugs, eye teasing, violence pertaining to women or any other criminal offence and there should not be a charge sheet pending against him in any criminal court located in India. All such applications to set up temporary shacks received from persons with criminal charge sheet pending against them in any court in India will be rejected forthwith.";