Mr. Vinayak Puranchand Rajput And ANR v. State Of Maharashtra And ORS.

6.CAW5_2021.doc Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 5 of 2021 IN WRIT PETITION NO. 2006 of 2009 WITH WRIT PETITION NO. 2006 OF 2009 Vinayak Puranchand Rajput & Ors.

...

Applicant in the matter between Puranchand Kaluram Rajput ...

Petitioner vs.

State of Maharashtra & Ors.

... Respondents Mr. S.N. Gawade i/b. M/s. Ram & Co. for the applicant. Mr. P.P. Kakade, GP a/w. Smt. V.S. Nimbalkar, AGP for the State. CORAM :- G. S. KULKARNI, J.

DATE :- FEBRUARY 5, 2021 PC :- 1.

Heard learned counsel for the parties.

2.

A short issue which had arisen in this petition was a challenge to an order dated 5 November, 2008 passed by the Commissioner of Police, Navi Mumbai whereby a permission to the petitioner's hotel, namely, P.K. Bar and Restaurant to conduct orchestra was rejected. The petition was admitted by an order dated 19 March, 2009. A perusal of the record indicates that there was no substantive interim order passed by this Court.

3.

The sole petitioner expired on 30 October, 2012 during the pendency of the writ petition for final hearing. The petition thus stood Order is corrected as per speaking to the minutes of the order dated 22/2/2021.

6.CAW5_2021.doc abated.

4.

The above Civil Application, to bring on record the legal heirs of the deceased sole petitioner, was filed on 6 February, 2018, which was after a delay of 5 years and 99 days. There is also no prayer in the Civil Application for setting aside of the abatement. 5.

On the above backdrop, today, learned counsel for the parties are ad idem to state that as of now, the law bars activity of a dance bar. The petition as it stands abated, there was no interim order whatsoever for more than 11 years. All contentions of the petitioner in regard to any permissible activity, are expressly kept open. Nothing would survive in the Civil Application as well.

6.

The proceedings accordingly stand disposed of. No costs. (G. S. KULKARNI, J.) Digitally signed by Prashant V. Rane Date:

2021.02.23 18:32:14 +0530 Prashant V. Rane Order is corrected as per speaking to the minutes of the order dated 22/2/2021.