NEELAM WINES Vs. COMMISSIONER OF POLICE, COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner, under the name and style of M/s. NEELAM WINES, desires to run a wine shop from a mulgi bearing Municipal no. 15-7-280 of Begum Bazar, hyderabad. The proposed wine shop is only a place from where bottled liquor is to be sold. No liquor is to be consumed on the premises of the shop. For that purpose, the petitioner first obtained from the Excise superintendent, Hyderabad District, an excise licence No. 39, dated 12th Dec., 1979 after paying a huge licence fee of rs. 13,500. Next he had also obtained permission from the Municipal Corporation of hyderabad on 16th Nov., 1979 a "no objection" declaration from the landlady of the premises.

(2.) Additionally, on 25th Jan., 1980, he applied, to the City Commissioner o! of Police, Hyderabad, for grant of a licence under the Hyderabad City Police Act. That application was rejected by the City Police commissioner through his Memo, dated 24th july, 1989 The petitioner now challenges in this writ petition the legality of that refusal order made by the City Police Commissioner. As this writ petition is concerned with the validity of that Memo, it is necessary to set out the Memo, in its entirety which reads thus: -"'you are hereby informed that your request for grant of police licence to run a retail wine shop at premises No. 15-7-280 begum Bazar. Hyderabad, is rejected from law and order point oj view" (Italics supplied. ) Two main arguments are advanced in support of this writ petition. It is first argued for the petitioner that for running of a wine shop in the City of Hyderabad, there is no legal obligation to obtain any licence under the above Hyderabad City Police Act (hereinafter called "the Police Act". ) It is said that the licence which the petitioner had already obtained from the Excise Superintendent under the Excise Act is enough in law to run a wine shop. Secondly, it is argued by the petitioner that in any case the order of the City Commissioner of Police refusing to grant licence from the view point of "law and Order", without giving any further particulars and justification, is illegal and ultra vires of his powers under the Hyderabad city Police Act.

(3.) The learned Government Pleader, on the other hand, has contended that to run a wine shop in Hyderabad obtaining of a licence from the City Commissioner of Police is a legal requirement under the Hyderabad City police Act and that requirement is in addition to the requirement to obtain a licence under the Excise Act. In answer to the petitioner's second contention, the learned government Pleader said that although the order of the Commissioner of Police is laconic still it can be supported and sustained by a reference to the records which show that there is really a law and order problem in the area justifying refusal. Part 1