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Bombay High CourtWP/11792/2023disposed off

Vilas Balkrishna Shinde v. Deputy Commissioner Of Police And ORS

2023-12-12Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11792 OF 2023 Vilas Balkrishna Shinde

...Petitioner

V/s.

Deputy Commissioner of Police

...Respondents

& Ors.

Mr. Shailesh S. Redekar for Petitioner Mr. P.G. Sawant, AGP for Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

12th December 2023 P.C.:

1.

Heard Mr. Redekar, learned Counsel appearing for the Petitioner and Mr. Sawant, learned AGP for the RespondentState. 2.

It is one of the contention of Mr. Redekar, learned Counsel appearing for the Petitioner that the material on record to show that the business from the premises in question was being conducted since 1981 and the said premises was having valid license since 1981 are not taken into consideration while passing the impugned order. It is also one of the contention raised by Mr. Redekar, learned Counsel 1/3

appearing for the Petitioner that the personal hearing was not given by Respondent No.1 while passing order dated 15th March 2017.

3.

Pursuant to the order dated 30th October 2023 passed in this Writ Petition, the Respondent-State has filed reply and rejoinder is also filed. In the said reply and rejoinder new material has been brought on record.

4.

Thus, it is necessary to consider the new material as well as the contentions which the Petitioner wants to raise. Accordingly, the impugned order dated 15th March 2017 passed by Respondent No.1 and the impugned order dated 21st April 2023 passed by Respondent No. 2 are quashed and set aside.

5.

The Petitioner to appear before the Respondent No.1, Deputy Commissioner of Police on 8th January 2024 at 11.00 am.

6.

The concerned Deputy Commissioner of Police after giving proper opportunity to the Petitioner and after hearing the Petitioner, shall pass an appropriate order. Till the Respondent No.1 passes the order, no coercive steps be taken against the Petitioner.

2/3

7.

The Writ Petition is disposed of in above terms with no order as to costs.

8.

It is clarified that this Court has not considered merits and all contentions in that behalf are expressly kept open. BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2023.12.13 19:30:21 +0530 3/3