M/S. Leading Edge Hospitality Servcies Pvt. Ltd. Through Director Mr. Zahan Pawar v. The State Of Maharashtra And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Amk WRIT PETITION NO. 687 OF 2021 WITH INTERIM APPLICATION NO. 580 OF 2021 IN WRIT PETITION NO. 687 OF 2021 WITH INTERIM APPLICATION NO. 551 OF 2021 IN WRIT PETITION NO. 687 OF 2021 WITH INTERIM APPLICATION NO. 544 OF 2021 IN WRIT PETITION NO. 687 OF 2021 M/s. Leading Edge Hospitality Services Pvt. Ltd.
.. Petitioner Vs.
The State of Maharashtra & Ors.
.. Respondents Mr. A. M. Saraogi for the Petitioner and Applicant in IA 544/21. Dr. Abhinav Chandrachud i/b Mr. Premkumar Pandey for the Applicant in IA 580/21.
Ms. Esha Bhadoria i/b Mr. Anil R. Mishra for the Applicant in IA 551/21.
Mrs. A. S. Pai, APP for the Respondent-State. CORAM : S. S. SHINDE & MANISH PITALE, JJ.
DATE : 24th FEBRUARY, 2021.
P. C. :
1.
This Petition is filed with following prayers: a.
that this Hon'ble Court be pleased to issue appropriate writ order and direction directing some superior officer to hold an independent inquiry against the respondent no.3 for taking law in his hand in trying to disturb the possession of the 1/3
petitioners and subject to outcome of such inquiry, necessary action be initiated against the Respondent no.3 and other officers of respondent no.2 on such terms as this Hon'ble Court may deem fit and proper, b.
that this Hon'ble Court be pleased to issue appropriate writ order and direction directing the highest police authority of a State of Maharashtra to render necessary police protection to the petitioners to preserve and protect their business and possession in respect of the premises being the premises known as Wilson College Gymkhana Ground situated at Marine Drive on such terms as this Hon'ble Court may deem fit and proper.
c.
that interim and ad-interim reliefs in terms of prayer (a) and (b) above be granted;
d.
cost of the present Petition be provided for; e.
that for such other and further reliefs as this Hon'ble Court may deem fit and proper.
2.
Learned Counsel appearing for the Petitioner seeks relief in terms of prayer Clause (a). He submits that he will approach appropriate authorities under the Maharashtra Police Act by way of filing complaint. So far as prayer Clause (b) is concerned, he submits that he will approach the appropriate authorities by filing an appropriate application for police protection. He submits that in case such complaint and application is filed by the Petitioner before the appropriate authorities, said authorities may be directed to decide the said complaint and application. 3.
In the light of the submissions made across the bar, we dispose of 2/3
this Petition with direction to the concerned authority to decide the complaint and application if filed by the Petitioner, as early as possible from the date of filing of such complaint and application. 4.
We make it clear that we have not considered the contentions raised on merits in the Petition by the Petitioner. 5.
In view of the disposal of the Writ Petition, all Interim Applications stand disposed of.
[MANISH PITALE, J.] [S. S. SHINDE J.] Digitally signed by Arjun M.
Kadam Date:
2021.02.26 11:02:38 +0530 Arjun M.
Kadam 3/3