Whether Delhi Joint Police Commissioner has power to revoke/suspend the Food Cafe license?

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Whether Delhi Joint Police Commissioner has power to revoke/suspend the Food Cafe license?




Shubham Budhiraja[1]

ABC cafe was called upon by Delhi police with a show cause notice (SCN) on the ground that they are operating beyond the permissible time duration and various FIR has been filed. On non-compliance of it, Jt. Commissioner of Delhi Police issued SCN calling for suspension of license. ABC cafe challenged the SCN arguing that the police commissioner has no power to suspend it. The High Court rejected the contention and upheld the police power.[2]

 

(I)                 The Delhi Eating Houses Registration Regulations, 1980 have been brought out with the previous sanction of the Administrator of Delhi, and in exercise of powers conferred under Clauses (Za) and (Xb) of sub-section 1 of Section 28, read with sub- sections(2) and (3) of Section 38 of the Delhi Police Act, 1978. Section 141(2) of the Delhi Police Act gives power to the licensing authority to suspend the licenses.

 

(II)               The licensing authority has the jurisdiction under the Delhi Police Act, read with Delhi Eating Houses Registration Regulations, 1980, to issue Show Cause Notice.

 

(III)             There have been repeated violations, and, therefore, the licensing authority was well within its right to issue the impugned Show Cause Notice and suspend the license pending the Show Cause Notice.


[1] Advocate, Delhi High Court, [LLB, ACS, BCOM(H)]

[2] LPA 444/2022, Delhi High Court, Judgment dated 29/07/2022

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