Judicial Scrutiny of Arbitrary Refusal of Orchestra Licences and the Limits of Executive Instructions

sketch of the Bombay High Court
Case
ALANZO TRADEMART PVT. LTD. THR. ITS DIRECTOR SADASHIV D. PANDEY v. THE DEPUTY COMMISSIONER OF POLICE, HEADQUARTERS-I, LICENSING AUTH (HOTEL BRANCH) AND ANR (Bombay High Court, 16-09-2026)
Law
Constitution of India, Maharashtra Police Act.

Highlights of the Judgment:

  • Examination of the limits of discretionary power vested in licensing authorities under the Public Amusement Rules, 1960.
  • Analysis of the constitutional protection of the right to carry on trade or business under Article 19(1)(g) of the Constitution of India.
  • Interpretation of statutory provisions governing the refusal of premises and performance licences based on vague law and order apprehensions.
  • Reiteration of the principle that executive circulars and instructions cannot supplant existing statutory rules.
  • Discussion on the impermissibility of progressively supplementing new justifications to validate an arbitrary administrative order.