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Bombay High CourtWP/8071/2017disposed off

Kashimira Hospitality And Entertainment Association And ORS. v. The District Collector, Pune And ORS.

2017-07-14Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 19565 OF 2017 Kashimira Hospitality & Entertainment Association and ors.

..Petitioners Vs The District Collector, Thane and ors.

..Respondents Mr. R.D. Soni, Mr. Sujay Gawade, Ajay Sharma, Anita Dubey i/b. Shree and Co. for the Petitioners.

Ms R.M. Shinde, AGP for the Respondent ­ State. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 14, 2017.

P.C. :

.

Not on board. In view of urgency, taken on production board.

2] By filing this petition, the petitioners have challenged the notice dated 17th June 2017 issued by respondent Nos.4 to 6 to each of the petitioners by directing them not to run the business unless the renewal of Performance Licence is produced.

3] Learned counsel for the petitioners submits that the petitioners have deposited requisite amount for renewal of Performance Licence as also Entertainment Fee as required under the Bombay Police Act. The grievance of the petitioners is that respondent No.2 has not taken any decision on it and on other hand they are bent upon to close down the petitioners' premises. It is the case of the Dinesh Sherla 1/2

2 513­wpst­19565­17.sxw petitioners that respondent No.2 has to endorse the licences, subject to fulfillment of all the requisite norms.

4] Learned AGP appearing for the respondents - State, on instructions from respondent No.2, submits that the petitioners' prayer for endorsement/renewal matters will be considered by respondent No.2 as expeditiously as possible.

6] In view of the aforesaid stand taken by learned AGP, on instructions from respondent No.2, we are inclined to dispose of this petition by directing respondent No.2 to take appropriate decision in accordance with law in regard to the petitioners' prayer for endorsement/renewal of their Performance Licence, as expeditiously as possible but not later than three months from the date of receipt of the copy of this order.

7] All contentions of the petitioners are kept open and they are free to submit a detailed representation before respondent No.2 in regard to their contentions.

8] We hope and trust that the same shall be considered by 2nd respondent in its correct perspective and in accordance with law. 9] In view of above, this petition is disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Dinesh Sherla 2/2