Shri. Ratnakar M. Shetty v. State Of Maharashtra And ORS.

1 / 2 WP/8675/2015 Tapadia RR/P.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8675 OF 2015 Shri Ratnakar M. Shetty, The Proprietor of M/s Ratna Lunch Home Restaurant and Bar.

Petitioner Vs 1.State of Maharashtra and Ors.

.. Respondents Mr.Nandkumar K. Desai, Advocate for Petitioner. Mr. S.D.Rayrikar, A.G.P for Respondents.

CORAM : R.G.KETKAR,J.

DATE : 28/08/2015 PC:

1.

Not on Board. At the request of Mr. Desai, taken up in production board. Heard Mr. Nandkumar Desai, learned counsel for the petitioner and Mr.S.D.Rayrikar, learned A.G.P for the respondents.

2.

Rule. Mr.Rayrikar waives service on behalf of the respondents. At the request and by consent of the parties, Rule is made returnable forthwith and Petition is taken up for final hearing.

3.

By this Petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the Judgment and order dated 29.7.2015 passed by respondent no.3Dy.Commissioner of Police H.Q.-I, Mumbai (Licensing Authority). By that order, premises/performance License is suspended for a period of 15 days.

4.

It is not in dispute that aggrieved by that order, the

2 / 2 WP/8675/2015 petitioner has preferred Appeal on 10.8.2015 before the Principal Home Secretary, (Appellate Authority) for State of Maharashtra, Mantralaya, Mumbai. The petitioner has also filed application for stay of the impugned order.

5.

Mr. Rayrikar, upon taking instructions from Mr Ashok Sharmale, Asstt. Inspector of Police states that within eight weeks from today, the Appeal preferred by the petitioner shall be disposed of by respondent no.4, viz. the Principal Home Secretary (Appellate Authority). In view thereof, Petition is disposed of in the following terms.

(i) Respondent no.4-Principal Home Secretary shall decide the Appeal within eight weeks from today.

(ii) During the pendency of the Appeal, the impugned order shall remained stayed. It is made clear that by granting stay to the impugned order, this Court has not expressed any opinion on merits of the case on either way. All the contentions of the parties on merits are expressly kept open.

(iii) In case, adverse order is passed by the Appellate Authority, the same shall not be given effect for a period of two weeks from the date of service of the same upon the petitioner. (iv) Rule is made absolute in the above terms, with no order as to costs.

(R.G.KETKAR, J.)