Mohan Refreshment Bar And Restaurant Thr Its Proprietor v. State Of Maharashtra Thr Office Of The Government Pleader And ORS

by HEMANT CHANDERSEN SHIV Date:

2022.07.12 18:44:14 +0530 HEMANT CHANDERSEN SHIV 903.aw7877.22.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7877 OF 2022 Mohan Refereshment Bar & Restaurant ... Petitioner

Versus

State of Maharashtra & Ors.

... Respondents Mr. R. D. Soni with Sujay Gawade, Sumedha Bhopate and Mudita Pawar for the Petitioner.

Mrs. S.S. Bhende AGP for the Respondent-State. CORAM : S. V. GANGAPURWALA & S. M. MODAK, JJ.

DATED : 7TH JULY 2022 P.C. :

1.

We have heard the matter yesterday. We had asked the learned AGP to take instructions of the period within which the Appeal filed by the Petitioner will be decided.

2.

The learned AGP on instructions submits that the Appeal will be decided within a period of three months. The learned counsel for the Petitioner submits that till then, stay be granted to the impugned order cancelling the license. The learned counsel for the Petitioner relied on the judgment of the Division Bench of this Court in matter of Bhaskar B. Bhosle vs. State of Maharashtra and Others reported in 2003 (4) Maharashtra Law Journal 328.

1/2

903.aw7877.22.doc 3.

Considering the above, we pass the following order : (a) The stay application filed by the Petitioner in the Appeal before Respondent No.1 shall be decided within a period of four weeks from today. The order impugned in Appeal shall not be implemented till stay application is decided. Respondent No.1 shall also decide the Appeal expeditiously and preferably within three months. 4.

The Writ Petition is disposed of accordingly. No costs. (S. M. MODAK, J.) (S. V. GANGAPURWALA, J.) 2/2