GALLERY ARTCHILL Vs. STATE OF RAJASTHAN AND ANR.
LAWS(RAJ)-2011-3-114
HIGH COURT OF RAJASTHAN
Decided on March 08,2011

Gallery Artchill Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

M.N. Bhandari, J. - (1.) THE matter has come up on an application for vacation of stay order. However, with the consent of parties, matter is heard finally.
(2.) BY this writ petition, a challenge has been made to the action of Respondents denying continuance of license to the Petitioner for running an art gallery in Amber Fort. It is submitted that pursuant to initial license granted, the Petitioner incurred a huge amount for development of art gallery. It was not only to the benefit of tourists but was to help the artists in State of Rajasthan. Within a short period, huge amount running in lacs was paid to the artists. Dis -continuance of license is mainly on the ground under given in Annexure - 10 wherein the case of the Petitioner is considered at item No. 17. It is for the reason that Petitioner is having separate outlet at main M.I. Road, the art gallery is not promoting Handicraft but to contemporary paintings and may distract the tourists from monuments experience in a discriminatory manner. It is submitted that a book stall having show room at M.I. Road was continued with the license. The contemporary paintings come with definition of Handicraft and it is not necessary that every tourist would be visited the gallery. The denial of license is even for alleged distraction of monument experience of tourists, which can even be in a book stall and other such Art Gallery.
(3.) LEARNED Additional Advocate General appearing of behalf of Respondents submits that decision at Annex.10 has been taken pursuant to the direction given by this Court in the case of Suo Moto v. State and Ors. reported in, 2010(1) WLC 227. Since it was a decision by the expert body, this Court may not review the order. The Committee has looked into all the aspects and it is not a case in isolation where license has been denied. The Committee taking note of the fact that contemporary paintings cannot fall in the definition of Handicraft, denied continuance of license, even if other grounds are left out. Looking to the aforesaid, the writ petition may be dismissed.;


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