M/S Hotel Khana Khazana Resturant And Bar v. State Of Maharashtra And ORS

29.WPNo.82142022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8214 OF 2022 M/s. Hotel Khana Khazana Restaurant ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. R. D. Soni a/w. Mr. Sujay Gaweade, Sumedha Dhopate and Mudita Pawar i/b. Shree & Co., Advocate for the Petitioner.

Mr. S. L. Babar, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & S. M. MODAK, JJ.

DATED :

JULY 12, 2022 P.C.

1.

The appeal fled by the petitioner is pending against the order dated 9th June 2022 thereby cancelling the petitioners Orchestra License. The appeal is not yet decided. 2.

In similar matter bearing Writ Petition No. 7877 of 2022, the learned AGP had made a statement that preferably within four months, the appeal would be decided. 3.

The learned Counsel for the petitioners submits that the petitioners have also fled a stay application, which is also not yet decided. According to the learned Counsel for the petitioners as the appeal is fled, it would be axiomatic stay. Reliance is placed on the judgment of this Court in Bhaskar B. Bhosle v. State of Maharashtra1.

20034) Mh. L. J. 328.

Gaikwad RD 1/2

29.WPNo.82142022.doc 4.

In light of that, we pass the following order :

ORDER

i) The appeal may be decided by the respondent Authority preferably within four months from today.

ii) The Authority may decide the stay application fled by the petitioners expeditiously. Till the stay application is decided by the Authority, the impugned order shall not be implemented against the petitioners.

iii) The writ petition is accordingly decided. No costs. (S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.07.13 15:13:14 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2