Umesh Vasu Shetty v. The Commissioner Of Police And ANR

sat

505. wp 8718-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8718 OF 2021 Umesh Vasu Shetty

...Petitioner

vs.

The Commissioner of Police & Anr.

...Respondents

Mr.Vishal B. Thadani with Snehal Gambir for Petitioner. Mr.A.P. Vanarase, AGP for State.

CORAM : G.S. KULKARNI, J.

DATED : 14 DECEMBER 2021 P.C. :

1.

The challenge in this petition is to an order dated 9 November, 2021passed by the Deputy Commissioner of Police (Head Quarter-1) whereby the petitioner's licence issued under Section 33 of the Bombay Police Act has been permanently cancelled in adjudication of the show cause notice dated 18 October, 2021.

2.

Learned counsel for the petitioner has stated that the impugned order being appealable, an appeal was filed by the petitioner on 3 December, 2021. She has stated that the petitioner continues to act under the licence as a period of one month which is the period within which the appeal is required to be filed has not expired and normally no action is taken by the respondent within such period. It is submitted that the 30 days period from the date of receipt of the order would come to an end on 15 December, 2021. She would hence pray that interim protection be granted to the petitioner till the application for stay is heard by the Digitally signed by SANSKRUTI A THAKUR Date:

2021.12.15 13:34:47 +0530 SANSKRUTI A THAKUR 1 / 2

sat

505. wp 8718-2021 appellate authority.

3.

Having heard learned counsel for the petitioner and learned AGP for the State, in my opinion, it would be appropriate that the appellate authority considers the petitioner's application for interim relief, to pass appropriate orders within a period of two months from today. 4.

Till such time the interim application is decided, the impugned order dated 9 November, 2021 be not acted upon. However the petitioner is put to the notice that during such period the petitioner shall conduct his business strictly as per rules of the licence without any scope of any complaints. Ordered accordingly.

5.

In view of the above observations, further adjudication of the petition is not called for. It is accordingly disposed of in terms of the above directions.

(G.S. KULKARNI, J.) 2 / 2